Russell et al v. Mueller-Song et al

Filing 18

ORDER granting defendants' 15 Motion to Dismiss signed by Judge Ricardo S Martinez.(RS) cc plaintiffs

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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RAPHAEL RUSSELL, et al.,

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Plaintiffs,

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v.

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MYONG SUK MUELLER SONG, et al.,

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Defendants.

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Pro Se Plaintiffs Raphael Russell, Lashaunda Russell, and Erica Calcote1 filed a

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) CASE NO. C17-0698 RSM
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) ORDER OF DISMISSAL
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Complaint on March 24, 2017. Dkt. #7. After review of that Complaint, the Court noted several

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deficiencies and directed Plaintiffs to file an Amended Complaint. Dkt. #10. On June 16, 2017,
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Plaintiffs filed an Amended Complaint. Dkt. #13. From what this Court can discern, Plaintiffs

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allege claims arising from a property dispute. Mr. Russell complains that Defendants hit his

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power line and cut his phone line while grading property with a bulldozer. Dkt. #13 at ¶ 2. Mr.

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Russell further claims that Defendants trespassed on his property, damaged his phone lines and

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removed dirt worth $73,000. Id. at ¶ ¶ 1-3. As a result, Plaintiffs seek an Order from this Court

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directing Defendants to replace the damaged power and phone lines, pay for the dirt removed

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from the property, and pay for other damages. Dkt. #13.

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Ms. Calcote has since been voluntarily dismissed from this case. Dkt. #10.

ORDER
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Defendants have moved for dismissal for lack of jurisdiction under Federal Rules of Civil

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Procedure 12(b)(1). Dkt. #15. Defendants argue that Plaintiffs fail to demonstrate any basis for

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federal jurisdiction. The Court agrees.

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This Court previously informed Plaintiffs that property disputes of the nature described

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in the Amended Complaint are typically matters of state law, to be handled in a state court. Dkt.
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#10. While Plaintiff now appears to assert diversity jurisdiction in his Amended Complaint, his

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assertion is misplaced. Diversity jurisdiction exists “where the matter in controversy exceeds . .

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. $75,000 . . . and is between . . . [c]itizens of different States.” 28 U.S.C. § 1332(a)(1). Plaintiffs

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do not demonstrate that this is a controversy between citizens of different states. Plaintiffs point

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to alleged ethnicities and/or nationalities of the parties involved in this matter, see Dkt. #16 at 2,
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but that does not satisfy the diversity statute, which speaks in terms of citizenship of a state.

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As federal courts are courts of limited jurisdiction, a plaintiff bears the burden of

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establishing that his case is properly filed in federal court. Kokkonen v. Guardian Life Ins. Co.,

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511 U.S. 375, 377, 114 S. Ct. 1673, 1675, 128 L. Ed. 2d 391 (1994); In re Ford Motor

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Co./Citibank (South Dakota), N.A., 264 F.3d 952, 957 (9th Cir. 2001). This burden, at the

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pleading stage, must be met by pleading sufficient allegations to show a proper basis for the

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federal court to assert subject matter jurisdiction over the action. McNutt v. General Motors

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Acceptance Corp., 298 U.S. 178, 189, 56 S. Ct. 780, 785, 80 L. Ed. 1135 (1936). Further, the

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Court will dismiss a Complaint at any time if the action fails to state a claim, raises frivolous or

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malicious claims, or seeks monetary relief from a defendant who is immune from such relief.

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See 28 U.S.C. § 1915(e)(2)(B).

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jurisdiction.

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ORDER
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Here, Plaintiffs cannot meet the elements for diversity

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As a result, the Court agrees with Defendants that it lacks jurisdiction over Plaintiffs’
claims, and this matter must be dismissed. Accordingly, the Court hereby ORDERS:

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1. Defendants’ Motion to Dismiss (Dkt. #15) is GRANTED.

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2. This case is now CLOSED.

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3. The Clerk shall send a copy of this Order to Mr. and Mrs. Russell at 14751 N. Kelsey
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St. #105, Box 137. Monroe, WA 98272.

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DATED this 11th day of August 2017.

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A

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RICARDO S. MARTINEZ
CHIEF UNITED STATES DISTRICT JUDGE

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ORDER
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