Marie Bush, Monet Daniels, and Clarence Daniels v. Andy Brewer, et al.

Summary

The United States District Court for the Eastern District of Michigan dismissed the case without prejudice for lack of subject matter jurisdiction. The court held that the plaintiffs failed to establish complete diversity under 28 U.S.C. § 1332(a) and did not respond to the court’s order to show cause.

Holdings

1. The amended complaint did not establish complete diversity, so plaintiffs failed to demonstrate that the court had diversity subject matter jurisdiction.
2. The action must be dismissed without prejudice for lack of subject matter jurisdiction under Federal Rule of Civil Procedure 12(h)(3).

Questions Presented

1. Whether the court had diversity subject matter jurisdiction under 28 U.S.C. § 1332(a) when the amended complaint failed to establish complete diversity.
2. Whether the action had to be dismissed without prejudice under Federal Rule of Civil Procedure 12(h)(3) for lack of subject matter jurisdiction.

Disposition

dismissed