NTM, Inc. v. A.R. Arena Products Inc.

Summary

In this breach of contract case, the United States District Court for the Western District of Wisconsin ordered the plaintiff to provide supplemental evidence establishing the parties’ citizenship for diversity jurisdiction. The court also directed both parties to file trial briefs by May 1, 2026, addressing their claims, defenses, evidence, jury instructions, and proposed verdict forms.

Holdings

1. The existing record was insufficient to establish diversity jurisdiction for trial. The parties must provide evidence establishing the citizenship of both corporations, including each corporation's state of incorporation and principal place of business where required.
2. Because no party moved for summary judgment and the issues for trial were therefore unclear, both parties were required to file trial briefs addressing their claims, defenses, factual and legal issues, anticipated evidence, proposed jury instructions, verdict-form questions, and motions in limine.

Questions Presented

1. Whether the existing record adequately established the parties' citizenship and diversity jurisdiction under 28 U.S.C. § 1332 for purposes of proceeding to trial.
2. What pretrial submissions the parties must provide to allow the court to identify the claims, defenses, factual issues, evidence, jury instructions, verdict-form questions, and motions in limine requiring resolution at trial.

Disposition

other