Reported / Citable
Background
Pro se plaintiff Jennifer Desir sued three hotels and J&P Asset Management after alleging discrimination and harassment during hotel stays. Her original complaint invoked federal-question jurisdiction and cited public-accommodations and criminal statutes, but did not allege the parties’ citizenship or diversity jurisdiction.
Desir later amended her complaint to name only J&P Asset Management and assert Texas-law claims for premises liability/negligence, constructive fraud, intentional misrepresentation, and intentional infliction of emotional distress. After defendants moved to dismiss, Desir filed a second amended complaint without leave and then sought leave to amend.
The Court’s Holding
Magistrate Judge Peter Bray recommended granting the motion to dismiss without prejudice for lack of subject-matter jurisdiction. The amended complaint stated no federal claim and did not show that relief depended on a substantial federal question. It also failed to plead the parties’ citizenship or an amount in controversy sufficient to establish diversity jurisdiction.
The court granted defendants’ motion to strike the unauthorized second amended complaint and denied Desir leave to amend. Her proposed pleading alleged only J&P’s principal place of business, although J&P was alleged to be an LLC whose citizenship depends on that of all members. The court concluded that the proposed amendment did not cure the jurisdictional defect and that further amendment would be futile. The recommendation remained subject to objections.
Key Takeaways
- An amended complaint supersedes the original unless it expressly adopts the earlier pleading.
- A plaintiff invoking diversity jurisdiction must affirmatively allege complete diversity and the required amount in controversy.
- An LLC’s citizenship is determined by each member’s citizenship, not its principal place of business.
Why It Matters
The decision underscores that even liberally construed pro se pleadings must establish a federal court’s jurisdiction. A party cannot rely on omitted allegations from a superseded complaint or use an LLC’s business location as a substitute for member-citizenship allegations.