Opinion
Case No. 2:03CV00773DB
December 8, 2003
ORDER
Before the Court are defendants' motions to dismiss for lack of subject matter jurisdiction and failure to state a claim upon which relief can be granted. Defendants argue that the instant case should be dismissed pursuant to 28 U.S.C. § 1332(a)(1) because the parties fail to meet the diversity requirements set forth by the statute. This Court agrees.
Because the Court clearly lacks subject matter jurisdiction, the Court will not address defendants' alternate grounds for dismissal.
The instant case involves a contract dispute governed by state law and is not properly before this Court unless plaintiff can establish diversity jurisdiction pursuant to 28 U.S.C. § 1332(a)(1). A federal district court has diversity jurisdiction to hear a claim based in state law when the matter in controversy exceeds $75,000 (exclusive of costs and interest) and opposing parties are of completely diverse citizenship. 28 U.S.C. § 1332(a)(1). "[T]o satisfy the diversity of citizenship requirement of 28 U.S.C. § 1332 (a)(1) the plaintiff's and defendants must be completely diverse: No plaintiff can be a citizen of the same state as any defendant." Salt Lake Tribune Pub. Co., LLC v. ATT Corp., 320 F.3d 1081, 1095-96 (10th Cir. 2003).
In the instant case, plaintiff's Complaint states that he has established residency in the state of Utah and is a citizen of Utah for purposes of diversity. Plaintiff names six defendants-five corporations and one individual. Under the "Jurisdiction and Venue" section of plaintiff's complaint, plaintiff lists Guardian Title Company and Associated Title Company as corporations incorporated in the state of Utah. For jurisdictional purposes, a corporation is deemed to be a citizen of any state in which it is incorporated. 28 U.S.C. § 1332 (c). Therefore, according to plaintiff's own complaint, at least two defendants, Guardian Title Company and Associated Title Company, are Utah citizens for diversity purposes thereby destroying the complete diversity required by 28 U.S.C, § 1332(a)(1).
In addition to the two non-diverse defendant corporations, plaintiff's complaint also names Stuart Matheson, a Utah citizen, further destroying complete diversity.
For the reasons stated above, the Court GRANTS defendant's motion to dismiss for lack of subject matter jurisdiction. IT IS SO ORDERED.