Opinion

Brown v. Pierce

Court
District Court, E.D. Louisiana
Filed
Nov 2, 2022
Cited by
0 cases
Authority
More cited than 22.4%

“The burden of proving that complete diversity exists rests upon the party who seeks to invoke the court’s diversity jurisdiction.”

How later courts described this case

  • “The burden of proving that complete diversity exists rests upon the party who seeks to invoke the court’s diversity jurisdiction.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF LOUISIANA

LATOYA BROWN CIVIL ACTION

VERSUS NO. 21-2384

ZOAN PIERCE, ET AL. SECTION “R” (3)

ORDER

On December 27, 2021, plaintiff Latoya Brown filed a complaint

against a dozen defendants. In the amount-in-controversy section of her

complaint, plaintiff wrote, “[p]hone hacked, can’t email or contact anyone

important,” and in the statement-of-claim section, she wrote, “car, phone.”1

These are the only descriptions she provided of the nature of her claims.

Plaintiff left blank the jurisdiction section of her complaint. In the section

entitled, “If the Basis for Jurisdiction is Diversity Citizenship,” plaintiff

indicted that she is a citizen of Louisiana.2 But in the list of parties to the

complaint, plaintiff indicated that at least half of the named defendants also

reside in Louisiana.3

1 R. Doc. 1 at 6.

2 Id. at 5.

3 Id. at 2-3.

On January 7, 2022, Magistrate Judge Dana Douglas issued a Rule to

Show Cause Order that directed plaintiff to provide a written statement of

her position concerning this Court’s subject-matter jurisdiction by February

9, 2022.4 The order indicated that her “failure to respond in writing as

directed may result in the dismissal of the captioned complaint.”5 Plaintiff

did not respond to the order.

Thereafter, the Magistrate Judge issued a Report and

Recommendation (“R&R”) recommending this Court dismiss plaintiff’s

complaint without prejudice because plaintiff “has not established diversity

nor federal question jurisdiction, and this Court lacks subject-matter

jurisdiction over her complaint.”6 Plaintiff did not object to the R&R.

In the absence of objections, the Court reviews the R&R for clear error.

Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996); see

also Fed. R. Civ. P. 72(b) advisory committee’s note (1983) (“When no timely

objection is filed, the court need only satisfy itself that there is no clear error

on the face of the record in order to accept the recommendation.”). The

Court finds that there is no clear error.

4 R. Doc. 3 at 3-4.

5 Id. at 4.

6 R. Doc. 4 at 4.

Federal courts are courts of limited jurisdiction. MidCap Media

Finance, LLC v. Pathway Data, Inc., 929 F.3d 310, 313 (5th Cir. 2019).

There is nothing on the face of the complaint to indicate that plaintiff’s claim

arises under federal law. Accordingly, there appears to be no federal

question jurisdiction. The court also lacks diversity jurisdiction under 28

U.S.C. § 1332, as the complaint makes clear that there is not complete

diversity among the parties. Plaintiff identified herself as a citizen of

Louisiana, and although the complaint indicates that some defendants may

be citizens of other states, at least six of them appear to be citizens of

Louisiana. Plaintiff thus has not met her burden of establishing complete

diversity. Getty Oil Corp., Div. of Texaco, Inc. v. Ins. Co. of North Am., 841

F.2d 1254, 1258-59 (5th Cir. 1988) (“The burden of proving that complete

diversity exists rests upon the party who seeks to invoke the court’s diversity

jurisdiction.”).

District courts must “‘dismiss the action’ whenever ‘it appears by

suggestion of the parties or otherwise that the court lacks jurisdiction of the

subject matter.’” Avitts v. Amoco Prod. Co., 53 F.3d 690, 693 (5th Cir. 1995)

(quoting Fed. R. Civ. P. 12(h)(3)). The R&R properly recommends that the

Court do so here. The Court hereby approves the R&R and adopts it as its

own opinion. Plaintiffs complaint is DISMISSED WITHOUT PREJUDICE.

New Orleans, Louisiana, this__2nd__ day of November, 2022.

bern Varea

SARAH S. VANCE

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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