Dracarys Fleet, LLC v. Traci Valentine, Andagain, LLC, and Farra Shaw

Summary

The United States District Court for the District of Colorado grants Defendants’ motion to dismiss Dracarys Fleet, LLC’s fraud action for failure to adequately plead complete diversity of citizenship. The complaint is dismissed without prejudice, and Dracarys is granted leave to amend by December 26, 2025, to provide factual allegations establishing the domicile of its sole member.

Holdings

1. The complaint failed to establish complete diversity because it did not adequately allege the state citizenship of Dracarys's sole member, Grant Gassaway.
2. The complaint was dismissed without prejudice, and Dracarys was granted leave to file an amended complaint supplying sufficient factual information to establish Gassaway's domicile and complete diversity.

Questions Presented

1. Whether the complaint adequately pleaded complete diversity for purposes of subject-matter jurisdiction under 28 U.S.C. § 1332(a).
2. Whether the complaint adequately alleged the citizenship and domicile of Dracarys's sole LLC member, Grant Gassaway.
3. Whether dismissal should be without prejudice and with leave to amend.

Disposition

dismissed