Nutt v. Ole Miss Athletics Foundation et al

Filing 22

ORDER granting 13 Motion to Dismiss for Lack of Jurisdiction. Signed by Senior Judge Neal B. Biggers on 8/9/2017. (llw)

Case: 3:17-cv-00130-NBB-RP Doc #: 22 Filed: 08/09/17 1 of 1 PageID #: 89

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
HOUSTON DALE NUTT, JR.

PLAINTIFF

V.

CIVIL ACTION NO. 3:17-CV-00130-NBB-RP

OLE MISS ATHLETICS FOUNDATION,
THE UNIVERSITY OF MISSISSIPPI, and
THE BOARD OF TRUSTEES FOR
INSTITUTIONS OF HIGHER LEARNING

DEFENDANTS

ORDER
This cause comes before the court upon the defendants’ Motion to Dismiss for Lack of
Subject Matter Jurisdiction. Defendants argue that jurisdiction is lacking because both the
University of Mississippi and the Board of Trustees for Institutions of Higher Learning are arms
of the state of Mississippi and, consequently, are not “citizens” of any state for purposes of
diversity jurisdiction. See Hood v. AstraZeneca Pharmaceuticals, LP, 744 F. Supp. 2d 590
(N.D. Miss. 2010); Tradigrain, Inc. v. Mississippi State Port Authority, 701 F.2d 1131 (5th Cir.
1983).
In response to the instant motion, the plaintiff concedes that the defendants’ argument is
meritorious and asserts “it is agreed that this court lacks subject matter jurisdiction.” The court
points out that the claims filed by the plaintiff involve no federal statutes or U.S. Constitution
claims and are all state law claims, and therefore, since the issues are not between “citizens of
different states,” the federal court lacks jurisdiction under the pleadings as presented.
It is, therefore, ORDERED AND ADJUDGED that the motion to dismiss is
GRANTED, and this case is dismissed without prejudice.
This, the 9th day of August, 2017.
/s/ Neal Biggers
NEAL B. BIGGERS, JR.
UNITED STATES DISTRICT JUDGE