Holdsworth v. United States of America et al
-CLERK TO FOLLOW UP-ORDER: In light of Judge Michael A. Telesca's order dismissing the United States as a party to this case, this Court finds that diversity jurisdiction is lacking. Therefore, this action is hereby dismissed. The Clerk of Court shall take all steps necessary to close the case. SO ORDERED. Signed by Hon. Richard J. Arcara on 7/27/16. (LAS)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF NEW YORK
L&D JOHNSON PLUMBING & HEATING, INC.,
a/k/a U.S. VETERANS CONSTRUCTION &
This case arises out of a personal injury the Plaintiff allegedly sustained while
working on a construction project at the Veterans Affairs hospital (the VA) in Buffalo.
The Plaintiff brought claims under the Federal Tort Claims Act against both the United
States, as owner of the VA, and L&D Johnson Plumbing & Heating, Inc., (L&D) the
prime contractor on the construction project. L&D and the United States then filed
cross-claims against each other for indemnification and contribution.
On June 28, 2016, Judge Telesca, to whom the Court transferred this matter,
adopted Magistrate Judge Foschio’s Report and Recommendation, thereby dismissing
the United States as a party. See Docket No. 68. After issuing his Decision and Order,
Judge Telesca transferred the matter back to this Court. The Court then issued an
order directing the remaining parties—Joshua Holdsworth and L&D Johnson Plumbing
& Heating, Inc.—to show cause why this case should not be dismissed for lack of
subject matter jurisdiction.
The Complaint alleges that Holdsworth is a New York
resident and that L&D is a New York corporation with its principal place of business in
New York. See Docket No. 1 ¶¶ 1, 3.
In response, L&D states that the Court must sua sponte dismiss this case
pursuant to Federal Rule of Civil Procedure 12(h)(3), which provides that, “[i]f the court
determines at any time that it lacks subject-matter jurisdiction, the court must dismiss
the action.” Holdsworth states that he is now “actively pursuing this matter” in New York
The Court finds that, in light of Judge Telesca’s order dismissing the United
States as a party to this case, the only apparent remaining basis for subject matter
jurisdiction—diversity jurisdiction—is lacking.
Pursuant to Federal Rule of Civil
Procedure 12(h)(3), the Court therefore dismisses this action.
Dated: July 27, 2016
Buffalo, New York
_s/Richard J. Arcara________
HONORABLE RICHARD J. ARCARA
UNITED STATES DISTRICT JUDGE
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