Opinion
Case No. 07-1295.
November 13, 2008
ORDER
This matter is before the Court on Defendant's Motion to Certify Order as Appealable (Doc. 24). In its Opinion and Order of October 31, 2008 (doc. 23), this Court denied Defendant's motion to dismiss for lack of subject matter jurisdiction. The Court found that the parties are of diverse citizenship, and that Federal jurisdiction is proper under 28 U.S.C. § 1332(a).
The Court does not find that this case presents a close question on the controlling, settled law regarding subject matter jurisdiction and diversity of citizenship, such that "there is substantial ground for difference of opinion." 28 U.S.C. § 1292. Accordingly, there are no grounds for appeal, and Defendant's motion is DENIED.
Bergenstein v. Sawhny, Case No. 1:04-cv-1373, 2007 WL 963305 (N.D. Ohio, March 28, 2007), attached to Defendant's Motion, does not support Defendant's position and is plainly distinguishable from the facts of this case. In Bergenstein, the plaintiffs testified that they had changed their residence to Ohio, and had no intention of returning to their former home in Mississippi. As set out in the Court's October 31, 2008 Order, all of the facts in this case evidenced Kristy Miller's intent to return to West Virginia.