Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Lyons v. Kinsel

United States District Court, Eastern District of Michigan, Southern Division

February 20, 2015

Levert Lyons, Plaintiff,
v.
Scott C. Kinsel, et al., Defendants.

ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION

Sean F. Cox, United States District Judge.

Plaintiff filed this action on January 15, 2015, asserting subject matter jurisdiction through diversity of citizenship pursuant to 28 U.S.C. §1332. (Doc. #1).

“[F]ederal courts have an independent obligation to investigate and police the boundaries of their own jurisdiction.” Douglas v. E.F. Baldwin & Assocs., Inc., 150 F.3d 604, 607 (6th Cir. 1998). Under 28 U.S.C. §1332(a), the two requirements for diversity jurisdiction are: 1) that the matter in controversy exceeds the sum or value of $75, 000, exclusive of interest and costs, and 2) that complete diversity of citizenship exists between the disputing parties.

On January 28, 2015, this Court ordered Plaintiff to show cause why this case should not be dismissed for lack of subject matter jurisdiction. (Doc. #4). At that time, the Court’s concern was the citizenship of the LLC defendants. Plaintiff timely, but incompletely, responded to the first Show Cause Order. The Court issued a second Show Cause Order, (Doc. #10), to which the Plaintiff timely responded. (Doc. #11).

On February 20, 2015, Plaintiff filed a Supplemental Response to the Show Cause Orders, in which Plaintiff states that he has discovered that Defendant Tara J. Williams is a resident and citizen of Michigan. (Doc. #28). Therefore, because Plaintiff is also a resident and citizen of Michigan, (Compl. at ¶ 1), complete diversity between Plaintiff and all Defendants does not exist. Plaintiff has not alleged any causes of action arising under federal law.

Accordingly, the Court hereby ORDERS that Plaintiff’s Complaint is DISMISSED for lack of subject matter jurisdiction.

IT IS SO ORDERED.


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.