BRUCE v. FANNIE MAE et al
Filing
26
ORDER granting 20 Motion to Dismiss Complaint; finding as moot 21 Motion to Stay. Ordered by Judge Clay D. Land on 11/08/2012. (CGC)
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
ATHENS DIVISION
RHONDA BRUCE,
*
Plaintiff,
*
vs.
*
CASE NO. 3:12-CV-90(CDL)
FANNIE MAE, CHASE HOME FINANCE, *
LLC, LUCY CROSS, RESTON, INC.,
REALAWARE, LLC, L REALTY, INC. *
and RHONDA SHEA,
*
Defendants.
*
O R D E R
Plaintiff Rhonda Bruce (“Bruce”) alleges
that Defendants
committed various Georgia state law torts against her, including
trespass, infliction of emotional distress, invasion of privacy,
trover, conversion, and wrongful dispossession.
Bruce asserts
that the Court has subject matter jurisdiction pursuant to 28
U.S.C. § 1332(a)(1) (“§ 1332”).
Compl. ¶ 2, ECF No. 1.
For the
Court to have subject matter jurisdiction under § 1332, there
must be “complete diversity” among the parties, which means that
“the citizenship of every plaintiff must be diverse from the
citizenship of every defendant.”
1320 n.2 (11th Cir. 2005).
Legg v. Wyeth, 428 F.3d 1317,
Here, however, Bruce did not allege
that there is complete diversity among the parties.
Rather,
Bruce alleges that she is a citizen of Georgia and that the
following
Defendants
are
citizens
of
Georgia:
Ronda
Shea,
Reston, Inc., Realaware, LLC, Lucy Cross, and L Realty, Inc.
Compl. ¶¶ 1(a), (d)-(g).
Given that Bruce has not alleged that there is complete
diversity
of
citizenship
in
this
action,
the
Court
exercise subject matter jurisdiction under § 1332.
not
assert
another
basis
for
federal
jurisdiction
cannot
Bruce did
over
her
claims, and a review of her Complaint reveals that her claims
all arise under Georgia state law, not federal law.
reasons,
the
Court
grants
Defendant
Fannie
Mae’s
For these
Motion
to
Dismiss for lack of subject matter jurisdiction (ECF No. 20).
Fannie Mae’s Motion to Stay Discovery and Pretrial Deadlines
(ECF No. 21) is moot.
IT IS SO ORDERED, this
8th day of November, 2012.
S/Clay D. Land
CLAY D. LAND
UNITED STATES DISTRICT JUDGE
2
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