Intermoor, Inc. v. Delmar Systems, Inc.

Full title: INTERMOOR, INC., Plaintiff, v. DELMAR SYSTEMS, INC., Defendant

Court: United States District Court, S.D. Texas, Houston Division

Date published: Mar 27, 2006

Civil Action No. H-05-3401 (S.D. Tex. Mar. 27, 2006)

Opinion

Civil Action No. H-05-3401.

March 27, 2006

MEMORANDUM AND ORDER

KEITH ELLISON, District Judge

Pending before the Court is Defendant's motion to dismiss this declaratory judgment action, pursuant to FED. R. CIV. P. 12(b)(1), for lack of subject matter jurisdiction. Defendant argues that no justiciable controversy exists. After considering the parties' filings and the applicable law, the Court finds that the motion, Docket No. 11, should be and hereby is DENIED WITHOUT PREJUDICE TO REFILING. In accordance with Kaufman v. W.U. Tel Co., 224 F.2d 723, 725 (5th Cir. 1955), cert. denied, 350 U.S. 947 (1956), and with 28 U.S.C. § 1653, the Court hereby ORDERS Plaintiff to amend its Complaint within ten (10) days of the entry of this Memorandum and Order, to allege all facts asserted as support for jurisdiction in Plaintiff's opposition to the motion to dismiss.

IT IS SO ORDERED.