Schlenker et al v. Sells et al
ORDER denying as moot 23 Motion for Summary Judgment; granting 26 Motion to Dismiss Case and plaintiffs' complaint is dismissed; further the jury trial scheduled for the week of 519/14 is canceled. Signed by Honorable Robert T. Dawson on April 14, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
GARLAND and MANDI SCHLENKER,
Husband and Wife, and
CASE NO. 13-6018
HOLLY SELLS, STEVEN CRAIN,
CANE CREEK CONCRETE SERVICES,
INC.; COSTA BRAVA PROPERTY
OWNERS ASSOCIATION and SKY TAPP
Now before the Court is the Motion to Dismiss and Alternative
Motion to Remand to State Court and Alternative Motion to Remand
Claims Against Defendants Sells, Cane Creek Concrete Services,
Inc., Steven Crain and Costa Brava Property Owners’ Association to
Response (doc. 29), and Separate Defendant Sky Tapp’s Response
Plaintiffs’ Complaint due to the lack of complete diversity of
citizenship between Plaintiffs and Defendants.
For their motion,
Separate Defendants attach a copy of requests for admissions
propounded by Plaintiffs to Defendants requesting Defendants to
admit that Plaintiff Dejarnette is a resident and citizen of
Arkansas. (Doc. 27-1). According to Separate Defendants, complete
diversity does not exist for federal jurisdiction as Defendants are
also citizens of Arkansas. In his response, Separate Defendant Sky
Defendants’ motion to dismiss for lack of diversity jurisdiction
except for a single sentence stating that [t]his Court has original
(Doc. 29, ¶9).
alleging this Court has diversity jurisdiction as the Schlenkers
are residents and citizens of Kansas, Ms. Dejarnette is a resident
and citizen of Louisiana, and Defendants are residents and citizens
Be that as it may, when jurisdictional allegations
are challenged, the plaintiff bears the burden of establishing
Blakemore v. Missouri Pacific R. Co., 789 F.2d 616 (8th Cir.
Plaintiffs failed to do so in this case.
Accordingly, Separate Defendants’ Motion to Dismiss (doc. 26)
is GRANTED, and Plaintiffs’ Complaint (doc. 1) is DISMISSED.
Motion for Summary Judgment (doc. 23) filed by Separate Defendant
Costa Brava Property Owners Association is DENIED AS MOOT, and the
jury trial scheduled for the week of May 19, 2014 is CANCELED.
IT IS SO ORDERED this 14th day of April, 2014.
/s/ Robert T. Dawson
Honorable Robert T. Dawson
United States District Judge
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