Jackson v. Herbert

United States District Court, Eastern District of Louisiana · September 25, 2025 · No. 2:25-cv-00692

Summary

This United States District Court order grants the defendants’ motions to dismiss the pro se plaintiff’s complaint for lack of subject matter jurisdiction. The court evaluates both diversity and federal question jurisdiction, finding that complete diversity is absent because the plaintiff and one defendant share Louisiana citizenship, and the complaint fails to state a claim arising under federal law. Consequently, the action is dismissed without prejudice.

Court
United States District Court, Eastern District of Louisiana
Writing for the Court
En Lisle
Jurisdiction
United States District Court for the Eastern District of Louisiana
Decision date
September 25, 2025
Docket number
2:25-cv-00692
Procedural posture
Defendants' motions to dismiss under Rule 12(b)(1) and Rule 12(e) were granted; the alternative motion for a more definite statement was dismissed as moot.
Precedential value
nonprecedential
Disposition
granted

Topics

subject matter jurisdictionmotions to dismissmotion for a more definite statementcivil procedure

Practice areas

civil procedure

Questions Presented

  1. Whether the district court has subject‑matter jurisdiction over the plaintiff's complaint under diversity or federal‑question jurisdiction
  2. Whether the defendants' alternative motion for a more definite statement under Rule 12(e) should be dismissed as moot

Holdings

  1. The court granted the motion to dismiss for lack of subject‑matter jurisdiction because the complaint fails to establish either complete diversity or a federal‑question basis.
  2. The court dismissed the motion for a more definite statement as moot because the jurisdictional motion was granted.

Key quotations

IT IS ORDERED that the motions’ to dismiss for lack of subject matter jurisdiction are GRANTED. IT IS FURTHER ORDERED that defendant’s alternative motions for a more definite statement pursuant to Rule 12(e) are DISMISSED AS MOOT.

Factual background

Plaintiff Leatha Dianella Jackson alleges that her car was stolen three times within three weeks in April 2025, once from a dealership where it was being repaired and later impounded. She claims the defendants either failed to secure the vehicle or participated in the theft and that the dealership overcharged her for repairs.

Procedural history

Plaintiff filed a pro se complaint alleging theft and damage to her vehicle. Defendants filed motions to dismiss for lack of subject‑matter jurisdiction and, alternatively, for a more definite statement. The court considered the motions and entered an order granting the dismissals and dismissing the alternative motion as moot.

Court Document

Open PDF
Loading document…