Hoog v. Chrysler Group, LLC

Filing 23

ORDER granting 18 Defendant Chrysler Group LLCs Motion to Dismiss and this case is DISMISSED WITHOUT PREJUDICE for Lack of Jurisdiction, by Judge Wiley Y. Daniel on 5/28/2014.(evana, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Senior Judge Wiley Y. Daniel
Civil Action No. 13-cv-02302-WYD-KLM
TYLER HOOG,
Plaintiff,
v.
CHRYSLER GROUP, LLC,
Defendant.

ORDER OF DISMISSAL

THIS MATTER is before the Court on Defendant Chrysler Group LLC’s Motion to
Dismiss filed February 12, 2014. The motion seeks to dismiss this case for lack of
subject matter jurisdiction under 28 U.S.C. § 1332 because Plaintiff is a citizen of
Colorado and as of the date of the filing of the case and up to the date of the filing of the
motion to dismiss, Chrysler Group could not confirm that it was not a citizen of
Colorado. Accordingly, the motion asserts that diversity jurisdiction is lacking.
While Plaintiff contends that the parties are diverse and jurisdiction is proper,
Plaintiff confesses the motion for lack of subject matter jurisdiction so long as the
dismissal is without prejudice. Having confessed the motion, I find that dismissal of this
case is appropriate. Accordingly, it is
ORDERED that Defendant Chrysler Group LLC’s Motion to Dismiss (ECF No.
18) is GRANTED and this case DISMISSED WITHOUT PREJUDICE due to lack of
subject matter jurisdiction.

Dated: May 28, 2014
BY THE COURT:

s/ Wiley Y. Daniel
Wiley Y. Daniel
Senior United States District Judge

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