Jeffrey Skeens v. Alpha Natural Resources, Inc.
Filing
UNPUBLISHED PER CURIAM OPINION filed. Originating case number: 5:13-cv-20595,5:12-cv-06854 Copies to all parties and the district court/agency. [999437501].. [13-2444]
Appeal: 13-2444
Doc: 38
Filed: 09/17/2014
Pg: 1 of 6
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 13-2444
JEFFREY C. SKEENS, as Administrator of the Estate of Grover
Skeens; CAROLYN D. DAVIS, as Administratrix of the Estate
of Charles T. Davis; OWEN T. DAVIS, as Administrator of the
Estate of Cory Davis,
Plaintiffs – Appellants,
and
GROVER SKEENS; CHARLES T. DAVIS; CORY DAVIS,
Plaintiffs,
v.
ALPHA NATURAL RESOURCES, INCORPORATED; ALPHA APPALACHIA
HOLDINGS, INCORPORATED, f/k/a Massey Energy Company,
Defendants - Appellees.
Appeal from the United States District Court for the Southern
District of West Virginia, at Beckley.
Irene C. Berger,
District Judge. (5:13-cv-20595; 5:12-cv-06854)
Submitted:
July 31, 2014
Decided:
September 17, 2014
Before NIEMEYER, WYNN, and DIAZ, Circuit Judges.
Dismissed in
part,
vacated
in
part,
and
instructions by unpublished per curiam opinion.
remanded
with
Appeal: 13-2444
Doc: 38
Filed: 09/17/2014
Pg: 2 of 6
J. Michael Ranson, RANSON LAW
Virginia; G. Patrick Jacobs, JACOBS
Virginia, for Appellants.
A.L.
JACKSON KELLY PLLC, Charleston, West
OFFICES, Charleston, West
LAW OFFICE, Charleston, West
Emch, Gretchen M. Callas,
Virginia, for Appellees.
Unpublished opinions are not binding precedent in this circuit.
2
Appeal: 13-2444
Doc: 38
Filed: 09/17/2014
Pg: 3 of 6
PER CURIAM:
Jeffrey C. Skeens, Carolyn D. Davis, and Owen T. Davis
(“Plaintiffs”),
as
administrators
of
the
estates
of
Grover
Skeens, Charles T. Davis, and Cory Davis, respectively, seek to
appeal the district court’s orders dismissing without prejudice
their amended complaint against Alpha Natural Resources, Inc.,
and Alpha Appalachia Holdings, Inc., (“Defendants”) in Case No.
5:12-cv-06854
against
and
Defendants
dismissing
in
Case
with
No.
prejudice
their
5:13-cv-20595.
complaint
We
dismiss
Plaintiffs’ appeal of the district court’s order in Case No.
5:12-cv-06854 as interlocutory.
We vacate the district court’s
order in Case No. 5:13-cv-20595 and remand with instructions to
dismiss
the
complaint
without
prejudice
for
lack
of
jurisdiction.
With respect to Case No. 5:12-cv-06854, we note that
we have already once declined to consider Plaintiffs’ appeal of
the district court’s dismissal of their case without prejudice.
See Skeens v. Alpha Natural Res., No. 13-1727 (4th Cir. ECF No.
41).
We discern no differences in the posture of the case that
would require us to disturb our prior decision.
See, e.g.,
Sierra Club v. Khanjee Holding, Inc., 655 F.3d 699, 705 (7th
Cir. 2011) (finding “no significant differences” in the legal
landscape
that
would
jurisdictional ruling).
warrant
re-examination
of
prior
The district court’s dismissal in this
3
Appeal: 13-2444
case
Doc: 38
remains
appeal.
Filed: 09/17/2014
an
Pg: 4 of 6
interlocutory
order
that
is
not
subject
to
See Domino Sugar Corp. v. Sugar Workers Local Union
392, 10 F.3d 1064, 1067 (4th Cir. 1993).
Accordingly, we once
again dismiss the appeal of the district court’s order in Case
No. 5:12-cv-06854.
Turning to Plaintiffs’ appeal of the district court’s
order
in
Case
jurisdiction,
No.
we
5:13-cv-20595,
are
obligated
“[a]s
to
a
court
satisfy
of
ourself
jurisdiction as well as that of the district court.”
limited
of
our
Choice
Hotels Int’l, Inc. v. Shiv Hospitality, L.L.C., 491 F.3d 171,
175 (4th Cir. 2008); see also Wis. Dep’t of Corr. v. Schacht,
524 U.S. 381, 389 (1998).
Federal jurisdiction may lie either
on the basis of diversity, 28 U.S.C. § 1332 (2012), or the
existence
of
Diversity
a
federal
jurisdiction
citizenship
exists
question,
exists
among
28
when
the
U.S.C.
complete
parties
and
§
1331
(2012).
diversity
the
of
amount
in
controversy is greater than $75,000, exclusive of interest and
costs.
28 U.S.C. § 1332(a); see 28 U.S.C. § 1332(c)(1) (stating
that corporation is deemed a citizen of state in which it is
incorporated
business).
and
state
in
which
of
has
principal
place
of
Plaintiffs bear the burden of proving the existence
of subject matter jurisdiction.
Comm’rs
it
Carroll
Cnty.,
Piney Run Pres. Ass’n v. Cnty.
Md.,
2008).
4
523
F.3d
453,
459
(4th
Cir.
Appeal: 13-2444
Doc: 38
We
Filed: 09/17/2014
conclude
that
Pg: 5 of 6
Plaintiffs
failed
to
bear
their
burden of establishing complete diversity: although the amended
complaint
establishes
the
citizenship
of
Plaintiffs,
it
indicates only the states in which Defendants are incorporated,
neglecting
to
include
also
the
states
their principal place of business.
court
should
have
dismissed
where
Defendants
have
Consequently, the district
the
complaint
for
lack
of
jurisdiction.
Moreover,
“[g]iven
the
court’s
lack
of
jurisdiction
over the case, any . . . holdings based on consideration of and
conclusions on the merits were beyond the power of the district
court.”
S.
Walk
at
Broadlands
Homeowner’s
Assoc.,
Inc.
v.
OpenBand at Broadlands, LLC, 713 F.3d 175, 185 n.4 (4th Cir.
2013).
Accordingly, we vacate the district court’s order in
Case No. 5:13-cv-20595 and remand with instructions to dismiss
the complaint without prejudice for lack of jurisdiction.
See
id. at 185 (“A dismissal for . . . [a] defect in subject matter
jurisdiction[] must be one without prejudice, because a court
that lacks jurisdiction has no power to adjudicate and dispose
of a claim on the merits.”).
We dispense with oral argument because the facts and
legal
contentions
are
adequately
5
presented
in
the
materials
Appeal: 13-2444
before
Doc: 38
this
court
Filed: 09/17/2014
and
Pg: 6 of 6
argument
would
not
aid
the
decisional
process.
DISMISSED IN PART,
VACATED IN PART, AND
REMANDED WITH INSTRUCTIONS
6
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?