Opinion
3:00-CV-1923-R.
March 22, 2001.
MEMORANDUM ORDER
Now before this Court is Defendant Tom Collerain's Motion to Dismiss (the "Motion") Plaintiff Reliance Insurance Company's claims for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure (FRCP) 12(b)(1).
The Court notes its irritation with the fact that the Defendant does not truly base his Motion on Rule 12(b)(1) because he does not actually allege that diversity is lacking. Instead, he seems to find it sufficiently important to take up this Court's time with his frustration over the Plaintiff's failure to clearly draw out obvious inferences from the facts in its Original Complaint.
The Defendant complains in his Motion that the Plaintiff failed to "reveal that the Plaintiff is diverse with all Defendants or that the amount in controversy exceeds the jurisdictional minimum." Motion at 1.
The Court finds that the Plaintiff has sufficiently pled facts to substantiate that the Plaintiff is diverse with all Defendants. However, the Court agrees that the Plaintiff has failed to clearly plead that the amount in controversy exceeds the jurisdictional minimum.
For the foregoing reasons, the Defendant's Motion is DENIED, contingent upon the Plaintiff filing an Amended Complaint within 15 days of this order, curing the defects in its Original Complaint.