Constantino v. Huffy Corporation et al

Filing 7

MEMORANDUM OPINION and ORDER Dismissing Plaintiff's Case Sua Sponte for Lack of Subject Matter Jurisdiction re 1 Complaint - Signed by District Judge Judith E. Levy. (FMos)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Mya Constantino, Plaintiff, v. Case No. 17-cv-10801 Judith E. Levy United States District Judge Huffy Corporation, Alliance Cycle Industry Co., LTD, Apollo Retain Partners, L.P., and Apollo Retail Specialists, LLC, Mag. Judge David R. Grand Defendants. ________________________________/ OPINION AND ORDER DISMISSING PLAINTIFF’S CASE SUA SPONTE FOR LACK OF SUBJECT MATTER JURISDICTION Plaintiff seeks to bring state products liability, breach of implied and express warranty, and negligence claims against a number of defendants under 28 U.S.C. § 1332, based on diversity. (Dkt. 1.) For the purposes of determining diversity jurisdiction, a corporation is a citizen of the state in which it is domiciled and also the state in which it has its principal place of business. 28 U.S.C. § 1332(c)(1). And § 1332 requires complete diversity, i.e., that no plaintiff is a citizen of the same state as any defendant. See Glancy v. Taubman Ctrs., Inc., 373 F.3d 656, 672 (6th Cir. 2004). Plaintiff alleges that she is a resident of Livonia, Michigan, and that defendant Apollo Retail Specialists, LLC has its principal place of business in Kalamazoo County, Michigan. (Dkt. 1 at 2.) Plaintiff thus fails to plead that complete diversity exists, and the case is dismissed for lack of subject matter jurisdiction. See Curry v. United States Bulk Transp., Inc., 462 F.3d 536, 543 (6th Cir. 2006) (remanding to district court for failing to sua sponte dismiss diversity case when complete diversity did not exist). IT IS SO ORDERED. Dated: April 17, 2017 Ann Arbor, Michigan s/Judith E. Levy JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or First Class U.S. mail addresses disclosed on the Notice of Electronic Filing on April 17, 2017. s/Felicia M. Moses FELICIA M. MOSES Case Manager 2

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