POLESIR v. VASCONI

Filing 4

MEMORANDUM AND ORDER THAT DEFENDANT'S MOTION TO DISMISS FOR LACK OF JURISDICTION IS DENIED. SIGNED BY HONORABLE JOHN P. FULLAM ON 1/12/2009. 1/13/2009 ENTERED AND COPIES MAILED, E-MAILED.(ap, )

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BENJAMIN POLESIR v. DAVID VASCONI, II : : : : : CIVIL ACTION

NO. 08-cv-04752-JF

MEMORANDUM AND ORDER Fullam, Sr. J. Confusion reigns. January 12, 2009 On October 3, 2008, plaintiff filed

his complaint in this personal injury case, asserting a claim in excess of $150,000. On November 6, 2008, defendant filed a

motion to dismiss for lack of jurisdiction, asserting that plaintiff's claim could not possibly exceed the jurisdictional amount of $75,000. Plaintiff has not responded to the

defendant's motion, but it is far from clear that the motion has actually been served upon plaintiff or his counsel. Defendant's

proof of service of the motion states that it was filed electronically in February 2008 (which seems quite unlikely). therefore decline to grant the motion to dismiss as unopposed. note, further, that the only basis for the defense claim that damages will not exceed $75,000 is the alleged fact that, after the case was filed, plaintiff's counsel expressed a willingness to settle the case for $65,000. Assuming that to be true, it I I

certainly does not establish that, to a legal certainty, plaintiff's damages when the case was filed could not have been evaluated as in excess of $75,000. In short, defendant's motion will be denied. follows. An Order

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA BENJAMIN POLESIR v. DAVID VASCONI, II : : : : : ORDER AND NOW, this
12th

CIVIL ACTION

NO. 08-cv-04752-JF

day of January 2009, IT IS ORDERED:

That the defendant's motion to dismiss for lack of jurisdiction is DENIED.

BY THE COURT:

/s/ John P. Fullam John P. Fullam, Sr. J.