Sandy Oestriecher, et al v. Goodyear Tire & Rubber Company (The), et al

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT
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No. 19-14329
Non-Argument Calendar
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D.C. Docket No. 3:19-cv-00798-BJD-PDB

SANDY OESTRIECHER,
KURT OESTRIECHER,
Plaintiffs-Appellants,

versus

GOODYEAR TIRE & RUBBER COMPANY (THE),
a foreign corporation,
SUMITOMO RUBBER USA, LLC,
a foreign limited liability company
f.k.a. Goodyear Dunlop Tires North America, LTD.,

Defendants-Appellees.
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Appeal from the United States District Court
for the Middle District of Florida
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(February 26, 2020)
Before WILLIAM PRYOR, LUCK and LAGOA, Circuit Judges.
PER CURIAM:
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Sandy and Kurt Oestriecher appeal the sua sponte dismissal without
prejudice of their amended complaint for lack of subject-matter jurisdiction. The
Oestrichers sought to invoke federal jurisdiction based on diversity of citizenship,
28 U.S.C. § 1332, so their complaint had to “include the citizenship of each party
. . . [to establish] that no plaintiff [was] a citizen of the same state as any
defendant.” Travaglio v. Am. Exp. Co., 735 F.3d 1266, 1268 (11th Cir.2013). The
couple does not dispute that—despite being apprised how to remedy the
jurisdictional defect and the consequences of failing to comply—their amended
complaint failed to allege either the state of incorporation for Goodyear Tire &
Rubber Company, see 28 U.S.C. § 1332(c)(1), or the identity and citizenship of
each member of Sumitomo Rubber USA, LLC, see Mallory & Evans Contractors
& Eng’rs, LLC v. Tuskegee Univ., 663 F.3d 1304, 1305 (11th Cir. 2011).
The Oestrichers challenge the denial of their motion to set aside the order of
dismissal, but we cannot say that the district court abused its discretion. The
Oestrichers failed to correct the deficiencies in the supplemental notice to their
original complaint and in their amended complaint, and the district court made
clear that the couple could refile their action. The Oestrichers argue that the
dismissal of their action could operate as a dismissal with prejudice if the statute of
limitation in Louisiana applies, but in the words of the district court, the couple
“has given little reason to suspect that Louisiana law will apply where [they]
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allege[] the subject accident occurred in Florida and Defendants’ products were
marketed, manufactured, and used in Florida.” We will not fault the district court
for rejecting an argument that is purely speculative.
We AFFIRM the dismissal of the Oestriechers amended complaint with
prejudice.
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