Opinion
Civil No. 05-73488.
October 27, 2005
OPINION AND ORDER
Plaintiffs assert that this Court has diversity jurisdiction over Plaintiffs' three state law claims. Plaintiffs allege that they reside in Sterling Heights, Michigan and that Defendant DaimlerChrysler is a Delaware corporation headquartered in Michigan. (First Am. Compl. ¶¶ 1, 2.) Defendant DaimlerChrysler alleges its principal place of business is in Oakland County, Michigan. (Ans. ¶ 2.) "A corporation shall be deemed to be a citizen of any State by which it has been incorporated and of the State where it has its principal place of business." 28 U.S.C. 1332(c)(1). It appears from the pleadings that Plaintiffs and Defendant DaimlerChrysler are citizens of Michigan, and thus complete diversity of citizenship is lacking. See Exxon Mobil Corp. v. Allapattah Servs., 125 S. Ct. 2611, 2617-18 (2005) (citing Strawbridge v. Curtiss, 7 U.S. 267 (1806). I DISMISS this case without prejudice for lack of jurisdiction. See Fed.R.Civ.P. 12(h)(3).
IT IS SO ORDERED.