Yaseen Saeed v. Bassam Saeed, et al.

Summary

The court grants Defendant Yahya Qahtan’s Rule 12(b)(1) motion and dismisses the case without prejudice for lack of subject-matter jurisdiction. The court concludes that the complaint does not adequately establish diversity jurisdiction or a federal-question claim, and that amendment to assert a False Claims Act claim would be futile. Plaintiff’s motion requesting federal review of alleged fraud, leave to add related claims, and a hearing is denied.

Holdings

1. Saeed failed to establish diversity subject matter jurisdiction because the complaint did not allege the citizenship of the parties and he did not respond to Qahtan's assertion that both he and Qahtan were Louisiana citizens.
2. The complaint did not establish federal-question jurisdiction because its vague reference to violations of United States law did not allege facts sufficient to present a colorable federal issue.
3. Leave to amend to assert a False Claims Act claim was properly denied as futile.

Questions Presented

1. Whether the court had diversity subject matter jurisdiction when the complaint alleged an amount in controversy exceeding $75,000 but failed to allege the citizenship of the plaintiff and defendants.
2. Whether the complaint alleged a sufficient federal question to support federal-question jurisdiction.
3. Whether Saeed should be permitted to amend the complaint to assert a False Claims Act claim or obtain federal review of alleged fraud against the United States.
4. Whether the action should be dismissed without prejudice for lack of subject matter jurisdiction.

Disposition

dismissed