Kelsey et al v. Grabinski et al

Filing 156

Order of Case Dismissal for lack of subject matter jurisdiction. re 74 , 104 , 108 . Judge Jeffrey J. Helmick on 6/13/2023. (M,SM)

Case: 3:17-cv-00122-JJH Doc #: 156 Filed: 06/13/23 1 of 1. PageID #: 2445

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Sean Kelsey, et al.,

Case No. 3:17-cv-122
Plaintiffs,

v.

ORDER

Leszek Grabinski, et al.,
Defendants.
Under the Federal Rules of Civil Procedure, “[i]f the court determines at any time that it
lacks subject-matter jurisdiction, the court must dismiss the action.” Fed. R. Civ. P. 12(h)(3). See
also Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (“Courts have an independent obligation to
determine whether subject-matter jurisdiction exists, even when no party challenges it.”); Akno 1010
Mkt. St. Saint Louis Mo. LLC v. Pourtaghi, 43 F.4th 624, 627 (6th Cir. 2022) (“[W]hen we lack subjectmatter jurisdiction, we must dismiss the case regardless of the time or resources spent on it.”).
In this case, I now find this court lacks subject matter jurisdiction. There is no dispute that
this case does not present a federal question. Further, the parties also agree that complete diversity
does not exist because Plaintiffs Sean Kelsey, Frances Kelsey, Mary Kelsey, Margaret Kelsey,
Thomas Kelsey, and Beatrice Kelsey are all citizens of Indiana, as are Defendants Damiron
Transportation Services, Inc. and Mitchell R. Larson. (Doc. No. 74 at 2; Doc. No. 104-1 at 2; Doc.
No. 108). Therefore, because this court has neither federal question nor diversity jurisdiction, I
dismiss this case for lack of subject matter jurisdiction.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge