Denise M. Fox, et al. v. Douglas J. Fox

Summary

The United States District Court for the Northern District of Ohio dismisses the action without prejudice for lack of subject-matter jurisdiction. The court concludes that the complaint fails to establish complete diversity because plaintiff Kayla R. Gibbs and defendant Douglas J. Fox share Michigan as a state of residence, and dismisses under Federal Rule of Civil Procedure 12(h)(3).

Holdings

1. The complaint failed to establish complete diversity because it indicated that plaintiff Kayla R. Gibbs and defendant Douglas J. Fox resided in the same state, and the action therefore had to be dismissed for lack of subject matter jurisdiction.
2. Federal courts have a duty to consider their subject matter jurisdiction in every case and may raise the issue sua sponte.

Questions Presented

1. Whether the complaint adequately established complete diversity of citizenship for purposes of federal diversity jurisdiction.
2. Whether the court was required to dismiss the action when the complaint facially demonstrated that a plaintiff and defendant shared Michigan residence.

Disposition

dismissed