Natchez-Adams School District v. S R M Properties L L C et al

Filing 23

JURISDICTIONAL REVIEW FINDINGS AND ORDER denying as moot 8 Motion to Dismiss for Lack of Jurisdiction; granting 20 Motion to Amend/Correct. Diversity jurisdiction is established. No further action is necessary at this time. This finding is preliminary in nature and may be reconsidered sua sponte or upon appropriate motion. Signed by Magistrate Judge Joseph H L Perez-Montes on 10/11/2017. (crt,Tice, Y)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
ALEXANDRIA DIVISION
NATCHEZ-ADAMS SCHOOL
DISTRICT,
Plaintiff

CIVIL ACTION NO. 1:17-CV-00991

VERSUS

CHIEF JUDGE DRELL

SRM PROPERTIES, LLC, ET AL.,
Defendants

c

MAGISTRATE JUDGE PEREZ-MONTES

JURISDICTIONAL REVIEW FINDINGS AND ORDER
Before the Court is a Complaint premising federal jurisdiction upon diversity
of citizenship. (Doc. 1). In response to this Court’s Sua Sponte Jurisdictional Briefing
Order (Doc. 10), Plaintiff Natchez-Adams School District (“NASD”) filed a
Memorandum in Support of Subject Matter Jurisdiction with Exhibit “A” to support
its jurisdictional allegations. (Doc. 19). NASD also filed a Motion for Authority to File
First Amended Complaint (Doc. 20) to properly allege diversity jurisdiction.
Before NASD filed its memorandum, Defendants filed a Motion to Dismiss
(Doc. 8) under Fed. R. Civ. P. 12(b)(1), arguing Paragraph 4 of NASD’s petition alleges
subject matter jurisdiction exists under “42 U.S.C. § 1332,” which Defendants argue
has been repealed. Defendant requests the Court dismiss NASD’s petition because
“42 U.S.C. § 1332” does not grant subject matter jurisdiction to the Court. (Doc. 8).
The record shows NASD intended to cite diversity jurisdiction under 28 U.S.C. § 1332.
“[S]ubject-matter jurisdiction, because it involves a court’s power to hear a
case, can never be forfeited or waived.” Arbaugh v. Y&H Corp., 546 U.S. 500, 514
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(2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)). The Court
has “an independent obligation to determine whether subject-matter jurisdiction
exists, even in the absence of a challenge from any party.” Id.
NASD, a political subdivision of the State of Mississippi, is a Mississippi
citizen.
Defendant SRM Properties, LLC (“SRM”) is a limited liability company, with
its sole member being Susan R. Meng, a citizen of Louisiana. SRM is a citizen of
Louisiana.
Defendant Swamp Cat Timber, LLC (“Swamp Cat”) is a limited liability
company, with its sole member being Susan R. Meng, a citizen of Louisiana. Swamp
Cat is a citizen of Louisiana.
Accordingly, diversity jurisdiction is established.
necessary at this time.

No further action is

This finding is preliminary in nature, and may be

reconsidered sua sponte or upon appropriate motion.
IT IS ORDERED that NASD’s Motion for Authority to File First Amended
Complaint for Judicial Recognition of Servitude of Passage (Doc. 20) is GRANTED.
IT IS FURTHER ORDERED that Defendants Motion to Dismiss (Doc. 8) is
DENIED as moot.
11th
THUS DONE AND SIGNED in chambers in Alexandria, Louisiana, this _____
day of October, 2017.

____________________________________
Joseph H.L. Perez-Montes
United States Magistrate Judge
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