American Conservative Union, et al. v. Institute for Legislative Analysis, et al.

Summary

The United States District Court for the Eastern District of Virginia dismissed the action without prejudice for lack of subject matter jurisdiction. The court held that the parties were not completely diverse when the original complaint was filed and that the plaintiffs’ subsequent change of citizenship could not cure the jurisdictional defect. The court also denied the plaintiffs’ motion for leave to file a third amended complaint as futile.

Holdings

1. The court lacked subject matter jurisdiction because complete diversity did not exist among the parties when the original Complaint was filed.
2. Plaintiffs' subsequent change of citizenship from the District of Columbia to Wyoming could not cure the lack of complete diversity existing when the original Complaint was filed.
3. Leave to file the proposed Third Amended Complaint was denied because the amendment would be futile.

Questions Presented

1. Whether the court had diversity subject matter jurisdiction when the action was filed.
2. Whether Plaintiffs' post-filing change in citizenship could cure the lack of complete diversity.
3. Whether leave to file the proposed Third Amended Complaint should be granted when the amendment could not cure the jurisdictional defect.

Disposition

dismissed