Redner v. Sanders

99 Civ. 9306 (TPG), 2000 U.S. Dist. LEXIS 11877 (S.D.N.Y. Aug. 16, 2000)

 

RULE:

A person is a citizen of a state of the United States within the meaning of 28 U.S.C.S. § 1332 if he is a citizen of the United States and is domiciled within the state in question.

FACTS:

Plaintiff, a United States citizen residing in France, sued defendants, individuals and a corporation, who were residents of the state of New York in federal court. Plaintiff asserted jurisdiction existed based on diversity of citizenship. Defendants moved to dismiss under Fed. R. Civ. P. 12(b)(1) for lack of jurisdiction.

ISSUE:

Is there diversity of citizenship between New York residents on the one hand and a U.S. citizen residing in France on the other?

ANSWER:

No.

CONCLUSION:

The court granted the motion because there was no jurisdiction under 28 U.S.C.S. § 1332(a)(2) since plaintiff was only a resident of France, not a citizen. For purposes of § 1332(a)(2) one had to be a citizen, not merely a resident. Also, plaintiff's argument that California was his domicile failed for purposes of 28 U.S.C.S. § 1332(a)(1) because his factual submission was not sufficient to demonstrate a California domicile, and neither plaintiff's affidavit nor his attorney's brief actually asserted the claim that there was jurisdiction on the basis of a California domicil. Furthermore, there was no request to amend the complaint to assert such a claim.

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