Summary
This District Court of the Virgin Islands order grants the defendants' motion to dismiss the plaintiff's complaint for lack of subject matter jurisdiction. The court determined that the plaintiff failed to sufficiently allege his citizenship to establish diversity jurisdiction under 28 U.S.C. § 1332. The dismissal is entered without prejudice, and the plaintiff is ordered to file an amended complaint by June 25, 2025, failing which the dismissal will automatically convert to one with prejudice.
Topics
Practice areas
Questions Presented
- Whether the district court has subject‑matter jurisdiction over the complaint under diversity jurisdiction.
- Whether the complaint states a claim against Defendant Diego Loinaz Martin individually.
Holdings
- The court lacks subject‑matter jurisdiction because the plaintiff failed to allege his citizenship, and therefore the complaint is dismissed without prejudice.
- The court does not reach the merits of the claim against Martin because the dismissal is based on lack of subject‑matter jurisdiction.
Key quotations
“It is axiomatic that federal district courts are courts of limited jurisdiction. A federal district court can exercise subject matter jurisdiction based only upon federal question jurisdiction, diversity jurisdiction, and/or admiralty/maritime jurisdiction.” (page 3)
“Consequently, the Court finds that it cannot conclude, from the face of the complaint, that it can exercise diversity jurisdiction.” (page 4)
Factual background
Plaintiff John M. Klein alleges ownership of two parcels in St. Thomas, U.S. Virgin Islands, and that he used adjacent parcels owned by Defendants as a storage area. Defendants Secret Harbor Estates, LLC purchased the adjacent parcels in September 2020 and demanded that Plaintiff cease using them. Plaintiff alleges Defendants moved his storage container on May 21, 2023.
Procedural history
Plaintiff filed complaint on July 8, 2024. Defendants filed motion to dismiss on September 13, 2024; plaintiff opposed on September 25, 2024; defendants replied on October 2, 2024. Court issued order June 11, 2025.
Remand instructions
Plaintiff must file a First Amended Complaint by June 25, 2025; failure to do so will convert the dismissal to one with prejudice.