Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

Farley v. Yeaw

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY


March 31, 2008

WAYNE S. FARLEY, ET AL., PLAINTIFFS,
v.
SCOTT C. YEAW, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Mary L. Cooper United States District Judge

MEMORANDUM OPINION

THE COURT ordering the plaintiffs to show cause why the complaint should not be dismissed, without prejudice to recommence the action in state court, for lack of jurisdiction under 28 U.S.C. § ("Section") 1332 (dkt. entry no. 3, Order to Show Cause ("OTSC")); and the Court examining jurisdiction sua sponte in this action brought (1) on February 21, 2008, (2) against the defendants, Scott C. Yeaw, M.D. ("Yeaw") and EastonWarren Urology, P.A. ("EWU"), and (3) to recover damages for, inter alia, medical malpractice (dkt. entry no. 1, Compl.), see Fed.R.Civ.P. 12(h)(3) (stating court to dismiss complaint if jurisdiction is lacking); and the plaintiffs (1) asserting jurisdiction under Section 1332, and (2) bearing the burden of demonstrating jurisdiction (Compl., at 2), see Davis v. Union Pac. R.R. Co., 224 Fed.Appx. 190, 191 (3d Cir. 2007); and

IT APPEARING that the plaintiffs are Pennsylvania citizens (Compl., at 1); but the plaintiffs merely alleging that Yeaw "is a physician licensed to practice medicine in the State of New Jersey who, upon information and belief, conducts his practice [in] New Jersey", and "[u]pon information and belief, [is a] resident[] of New Jersey" (id. at 1-2); and it appearing that allegations as to where Yeaw resides, is licensed, or has a place of business - as opposed to is a citizen - "[will] not properly invoke this Court's jurisdiction when premised upon diversity of citizenship", Forman v. BRI Corp., 532 F.Supp. 49, 51 (E.D. Pa. 1982), see Guerrino v. Ohio Cas. Ins. Co., 423 F.2d 419, 421 (3d Cir. 1970); and it appearing that the plaintiffs made their allegations concerning Yeaw's citizenship upon information and belief, and thus "do[] not convince the Court that there is diversity among the parties", Vail v. Doe, 39 F.Supp.2d 477, 477 (D.N.J. 1999); and the Court advising the plaintiffs that they failed to properly allege Yeaw's citizenship, and must demonstrate Yeaw's citizenship "affirmatively and distinctly" (OTSC, at 2), S. Freedman & Co. v. Raab, 180 Fed.Appx. 316, 320 (3d Cir. 2006); and the Court also advising the plaintiffs that they had improperly alleged EWU's citizenship (OTSC, at 2-3); and

THE COURT, due to the plaintiffs' deficient allegations, being unable to determine if they are deemed "citizens of [a] different State[]" in relation to each defendant, 28 U.S.C. § 1332(a)(1); and it appearing that a jurisdictional challenge is measured "against the state of facts that existed at the time of filing - whether the challenge be brought shortly after filing, after the trial, or even for the first time on appeal", Grupo Dataflux v. Atlas Global Group, 541 U.S. 567, 571 (2004); and the Court thus advising the plaintiffs of the intention to dismiss the complaint for lack of jurisdiction unless the plaintiffs properly (1) alleged Yeaw's citizenship - including his specific home address - on February 21, 2008, with supporting documentation, (2) alleged EWU's nature of ownership and citizenship on February 21, 2008, with supporting documentation, and (3) demonstrated that jurisdiction exists (OTSC, at 3); and the Court providing specific instructions on how to demonstrate citizenship (id. at 3-4); and the Court further advising the plaintiffs that any dismissal here would be without prejudice to recommence the action in state court, as the limitations period for the cause of action is tolled by the filing of the federal complaint (id. at 4), see Jaworowski v. Ciasulli, 490 F.3d 331, 333-36 (3d Cir. 2007), Galligan v. Westfield Ctr. Serv., 82 N.J. 188, 191-95 (1980); and

THE PLAINTIFFS, in response to the Order to Show Cause, demonstrating that EWU is a New Jersey corporation with its principal place of business in New Jersey, and thus is deemed to be a New Jersey citizen only (dkt. entry no. 4, Pl. Cert., at 2 & Ex. A), see 28 U.S.C. § 1332(c)(1); but the plaintiffs admitting that Yeaw, who is listed in the caption as a defendant, is a Pennsylvania citizen (Pl. Cert., at 2); and thus it appearing that the plaintiffs are not citizens of a different state in relation to each defendant, i.e., Yeaw; and the Court intending to (1) grant the order to show cause, and (2) dismiss the complaint without prejudice to recommence the action in state court; and for good cause appearing, the Court will issue an appropriate order and judgment.*fn1


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.