Jordan et al v. Osmun

Filing 40

MEMORANDUM OPINION. Signed by District Judge Liam O'Grady on 9/29/2016. (awac)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

Robert Jordan, et al.,

Plaintiffs,
Civil Action No. 1:16-cv-501

V.

Susan A. Osmun, et al.,

Defendants.

Memorandum Opinion

This matter comes before the Court on Defendant Susan Osmun's Motion to Dismiss for

Lack of Jurisdiction, Dkt. No. 7, 8,^ Defendant Susan Osmun's Second Motion to Dismiss for
Lack of Jurisdiction, Dkt. No. 20, and Defendant David Osmim's Motion to Dismiss for Lack of

Subject Matter Jurisdiction. Dkt. No. 29. For the reasons discussed below, the Court ORDERS
that the Motions to Dismiss are DENIED.

I. Background

Robert Jordan and Cheryl Anacker (hereafter "Plaintiffs"), pursuant to their Durable
Power of Attorney for Lucille Kelly dated April 1, 2016, filed a complaint against Susan Osmun,

Ms. Kelly's former attomey-in-fact since September 2008, alleging breach of fiduciary duty,
conversion, fi^aud and unjust enrichment. Plaintiffs filed the Complaint on May 3,2016, and
alleged federal jurisdiction based on diversity of citizenship and sufficient amount in

controversy. The Complaint identifies Mr. Jordan as a "resident of New Jersey" and does not list

' Docket entries 7 and 8 are identical in allrelevant respects. Docket Number 7 includes the Motion as well as the
Memorandum in Support of the Motion (which also appears on its own as Docket Number 9).