Grohman v. Mountain W. Farm Bureau Mut. Ins. Co.

Full title: DONNA GROHMAN, Plaintiff, v. MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE…

Court: UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA HELENA DIVISION

Date published: Sep 6, 2019

No. CV-19-58-H-SEH (D. Mont. Sep. 6, 2019)

Opinion

No. CV-19-58-H-SEH

09-06-2019

DONNA GROHMAN, Plaintiff, v. MOUNTAIN WEST FARM BUREAU MUTUAL INSURANCE COMPANY, Defendant.

SAM E. HADDON United States District Judge

ORDER

Plaintiff filed a Complaint and Demand for Jury Trial¹ ("Complaint") on September 3, 2019, asserting diversity jurisdiction under 28 U.S.C. § 1332.² However, jurisdiction is not well-pleaded.

1 Doc. 1.

2 See Doc. 1 at ¶ 41.

Diversity of citizenship jurisdiction, if it exists, must be grounded in 28 U.S.C. § 1332. That statute provides in pertinent part:

(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between-

(1) Citizens of different States;

28 U.S.C. § 1332 (a)(1).

It is fundamental that federal jurisdiction cannot be presumed. The diversity statute requires complete diversity of citizenship between all plaintiffs and all defendants.³ It is to be strictly construed.⁴ Plaintiff, as the party asserting jurisdiction, has the burden of proving such jurisdiction exists.⁵ Here, the Complaint names one plaintiff, an individual, and one defendant, a corporation.⁶

3 See 15A JAMES WM. MOORE ET AL., MOORE'S FEDERAL PRACTICE § 102.12, at 102-28 (3d ed. 2019).

4 See City of Indianapolis v. Chase Nat. Bank of City of New York, 314 U.S. 63 (1941).

5 See Lew v. Moss, 797 F.2d 747 (9th Cir. 1986).

6 See Doc. 1 at ¶ ¶ 1-2, 42.

Plaintiff's individual citizenship is not properly pleaded.⁷ Plaintiff alleges only residence and domicile of Plaintiff.⁸ Citizenship is not alleged. Diversity of citizenship is not pleaded.⁹

7 See 28 U.S.C. § 1332

8 See Doc. 1 ¶ ¶ 3, 42.

9 See Doc. 1 at ¶ 41.

Fed. R. Civ. P. 12(h)(3) contemplates that lack of jurisdiction can be raised at any time. Moreover, the objection may be raised by a party, or by the courts own initiative, at any stage in the litigation, even after the trial and judgment entry.¹⁰

10 See Arbaugh v. Y & H Corp., 546 U.S. 500, 506 (2006). --------

ORDERED:

This case will be dismissed on September 13, 2019, unless Plaintiff files an amended pleading properly alleging jurisdiction on or before that date.

DATED this 6^th day of September, 2019.

/s/_________

SAM E. HADDON

United States District Judge