John Scott Jorgensen v. Lynch & Newman Law, Robert Gregory Law Firm, and Kathy Jorgensen

Summary

The United States District Court for the Eastern District of New York dismissed John Scott Jorgensen’s amended complaint without prejudice for lack of subject matter jurisdiction. The court held that the plaintiff failed to show that he changed his domicile from Maine to New York, and therefore did not establish diversity jurisdiction. The Clerk was directed to enter judgment and close the case.

Holdings

1. Plaintiff failed to meet his burden of showing that his domicile changed from Maine to New York because he alleged neither residence in New York accompanied by an intent to remain nor facts otherwise establishing a New York domicile at the time the complaint was filed.
2. The amended complaint was dismissed without prejudice for lack of subject matter jurisdiction.

Questions Presented

1. Whether the amended complaint adequately alleged that plaintiff was domiciled in New York when the action was filed, thereby establishing diversity jurisdiction.
2. Whether the amended complaint should be dismissed without prejudice for lack of subject matter jurisdiction.

Disposition

dismissed