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

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