Robert Ryan Johnson, as executor and representative of the Estate of Terrence Blair Hunter, et al. v. Standard Registrar and Transfer, a Utah corporation, et al.

Summary

The United States District Court for the District of Utah resolved an order to show cause concerning Plaintiffs’ failure to establish subject-matter jurisdiction and denied Plaintiffs’ request for a Rule 16 conference. The court held that Plaintiffs must amend their complaint to adequately allege facts supporting diversity jurisdiction, limited the amendment to jurisdictional allegations, and directed Defendants to respond under Federal Rule of Civil Procedure 15(a)(3).

Holdings

1. Plaintiffs, as the parties invoking diversity jurisdiction, bear the burden of establishing its existence by a preponderance of the evidence, and the amended complaint failed to satisfy that burden by adequately alleging facts demonstrating subject-matter jurisdiction.
2. Plaintiffs were authorized to amend their jurisdictional allegations only; further amendment required a separate adequate motion. Because the operative complaint lacked adequate jurisdictional allegations, the court denied Plaintiffs' request for a Rule 16 conference at that time.

Questions Presented

1. Whether Plaintiffs had adequately established subject-matter jurisdiction based on diversity of citizenship.
2. Whether the court should hold a Rule 16 conference while the operative complaint failed to adequately allege subject-matter jurisdiction.
3. Whether Plaintiffs should be permitted to amend their complaint to correct the jurisdictional allegations.

Disposition

other