Fitness Together Franchise Corporation v. MSL Holdings, LLC et al

Filing 17

ORDER of Dismissal for Lack of Diversity Jurisdiction. Ordered that this civil action is dismissed under Fed.R.Civ.P.12(b)(1) for lack of subject matter jurisdiction by Judge Richard P. Matsch on 07/06/11. (jjh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior District Judge Richard P. Matsch
Civil Action No. 11-cv-00440-RPM
FITNESS TOGETHER FRANCHISE CORPORATION,
Plaintiff,
v.
MSL HOLDINGS, LLC, and
M. SHANNON LIBEL,
Defendants.
____________________________________________________________________________________
ORDER OF DISMISSAL FOR LACK OF DIVERSITY JURISDICTION
____________________________________________________________________________________
On June 16, 201l, an Order to Show Cause and Stay Order issued requiring the plaintiff to show
cause why this civil action should not be dismissed for failure to allege facts supporting a jurisdictional
amount in controversy of $75,000. The plaintiff filed a response on June 30, 2011. The response is
insufficient for alleging facts supporting the amount in controversy. The plaintiff’s attempt to claim that
if it is incorrect in its assertion that it did not violate the master franchise agreement, the defendant may
sustain damages in excess of $75,000 is not persuasive. It is
ORDERED that this civil action is dismissed under Fed.R.Civ.P. 12(b)(1) for lack of subject
matter jurisdiction.
DATED: July 6th , 2011
BY THE COURT:
s/Richard P. Matsch
__________________________
Richard P. Matsch, Senior Judge