Karen Dumka CRA LLC v. Liventa Bioscience LLC

Filing 3

ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. Signed by Judge Brian Morris on 1/22/2016. (SLL, ) Modified on 1/22/2016; copy mailed to Plaintiff, copy to Finance (NOS, ).

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
BUTTE DIVISION
KAREN DUMKA CRA LLC,
Plaintiff,

CV-15-82-BU-BMM

vs.
LIVENTA BIOSCIENCE, LLC,

ORDER

Defendant.

Plaintiff Karen Dumka CRA LLC filed a pro se Complaint on December 18,
2015, asserting a claim for breach of contract against Defendant Liventa
Bioscience, LLC. (Doc. 1). Plaintiff seeks $45,083.46, exclusive of interest and
costs, for professional services provided under the parties’ contract. The Complaint
alleges diversity jurisdiction under 28 U.S.C. § 1332(a)(1).
United States Magistrate Judge Jeremiah C. Lynch entered Findings and
Recommendations in this matter on December 18, 2015. (Doc. 2). Judge Lynch
recommended that the Complaint be dismissed because diversity jurisdiction is not
established. (Doc. 2 at 2). Plaintiff did not file objections to Judge Lynch’s
Findings and Recommendations.
The Court has reviewed Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d

1309, 1313 (9th Cir. 1981). The Court finds no error in Judge Lynch’s Findings
and Recommendations, and adopts them in full. The amount placed in controversy
by the Complaint does not exceed the required jurisdictional amount of $75,000,
exclusive of interest and costs. See 28 U.S.C. § 1332(a).
Accordingly, IT IS ORDERED:
1.

Plaintiff’s Complaint (Doc. 1) is DISMISSED without prejudice for

lack of jurisdiction.
2.

The $400 filing fee paid by Plaintiff shall be refunded given that the

form of complaint provided by the Clerk’s office does not adequately explain that
diversity jurisdiction only exists if the amount in controversy exceeds $75,000,
exclusive of interest and costs.
3.

The Clerk is directed to enter judgment accordingly.

DATED this 22nd day of January, 2016.

-2-