Johnson Krueger v. Adams

Filing 23

ORDER Dismissing Case. Signed by U.S. District Judge Karen E. Schreier on 11/20/2014. (KC)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION
KIM M. JOHNSON KRUEGER,

CIV. 14-4090-KES

Plaintiff,
ORDER DISMISSING CASE

vs.
CRAIG ROBERT ADAMS, M.D.,
FAITH REGIONAL HEALTH
SERVICES; and
DOES I-X,
Defendants.

Defendants, Craig Robert Adams, M.D., and Faith Regional Health
Services, move to dismiss the complaint based upon lack of subject matter
jurisdiction. Plaintiff, Kim M. Johnson Krueger, has not responded and the
time for response has passed. Because this court lacks jurisdiction, the
motion to dismiss is granted.
In Krueger’s complaint, she states she is a citizen of the state of South
Dakota and resides in Sioux Falls, South Dakota. Adams states in his answer
that he is also a citizen of South Dakota and resides in McCook Lake, South
Dakota. Kruger asserts subject matter jurisdiction of this court based upon
diversity jurisdiction under 28 U.S.C. § 1332. A party is a citizen of the state
in which he or she resides as an individual. Dunlap v. Wells, 741 F.2d 165,
167 (8th Cir. 1984). As a result, the plaintiff and one of the defendants are
both citizens of South Dakota. It is “well settled that federal diversity
jurisdiction requires complete diversity, so that no defendant is a citizen of the

same state as any plaintiff.” Walker v. Norwest Corp., 108 F.3d 158, 161 (8th
Cir. 1997). Because the plaintiff and defendant Adams are both citizens of
South Dakota, the motion to dismiss without prejudice is granted pursuant to
Fed. R. Civ. P. 12(b)(1). It is
ORDERED that Adams’s motion to dismiss without prejudice (Docket 13)
is granted.
IT IS FURTHER ORDERED that Faith Regional Health Services’s motion
to dismiss without prejudice (Docket 19) is granted.
Dated November 20, 2014.
BY THE COURT:

/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE

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