Engel v. Loustaunau

Filing 32

ORDER signed by Senior Judge Lawrence K. Karlton on 5/11/10 ORDERING that Plantiff's Complaint is DISMISSED, without prejudice, for lack of subject matter jurisdiction. The Court further ORDERS that all Motions are DENIED, without prejudice, as moot. The Clerk is instructed to enter judgment in this case. CASE CLOSED. (Mena-Sanchez, L)

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 11 Plaintiff, 12 v. 13 BLAINE A. LOUSTAUNAU, 14 15 16 17 18 19 20 21 22 23 24 25 26 filed On November 16, 2009, plaintiff, Mary C. Engel ("plaintiff"), a complaint against her brother, defendant Blaine A. Defendant . / ORDER MARY C. ENGEL, NO. CIV. S-09-3177 LKK/KJM

Loustanaunau ("defendant"), in federal court. This complaint only brought state law causes of action. Plaintiff contended that federal jurisdiction was proper, however, under 28 U.S.C. § 1332, because, she argued, plaintiff is a citizen of California,

defendant is a citizen of Colorado, and plaintiff seeks damages of $300,000. Defendant challenged whether federal jurisdiction was proper. Specifically, defendant argued that he is not a citizen of Colorado. 1

1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 case.

On May 10, 2010, an evidentiary hearing was held to determine whether defendant is domiciled in a state other than California. As the party seeking diversity jurisdiction, plaintiff bore the burden of proving diversity. Lew v. Moss, 797 F.2d 747, 749 (9th Cir. 1986). The court found that plaintiff did not demonstrate that defendant is domiciled in a state other than California. For the foregoing reasons, the court orders that plaintiff's complaint is DISMISSED, without prejudice, for lack of subject matter jurisdiction. The court further orders that all pending motions are denied, without prejudice, as moot. The clerk of court is instructed to enter judgment in this

IT IS SO ORDERED. DATED: May 11, 2010.

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