Pearson v. Family Solutions USA, No. 1:2022cv01217 - Document 3 (N.D. Ohio 2022)
Court Description: Opinion and Order: The Court dismisses this action without prejudice pursuant to Rule 12(h)(3) for lack of jurisdiction. Judge J. Philip Calabrese on 10/3/2022. (Y,A)
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Pearson v. Family Solutions USA Doc. 3 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO EASTERN DIVISION DELORESE PEARSON, Plaintiff, v. FAMILY SOLUTIONS USA, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 1:22-cv-1217 Judge J. Philip Calabrese OPINION AND ORDER Plaintiff Delorese Pearson filed a pro se complaint, proceeding in forma pauperis, against Family Solutions USA, “a behavioral health care provider, located” in Wake Forest, North Carolina. (ECF No. 1, ¶ 1, PageID #1.) She brings State-law claims, including medical malpractice and negligence, in connection with services she solicited from Family Solutions of Bedford, Ohio, which she alleges is a “branch provider” of Family Solutions USA. (Id. at ¶ 2.) Plaintiff invokes federal jurisdiction on the basis of diversity of citizenship under 28 U.S.C. § 1332, which provides for federal jurisdiction in civil actions between “citizens of different States” where the amount in controversy exceeds the sum or value of $75,000, exclusive of interest and costs. 28 U.S.C. § 1332(a)(1). “[F]ederal courts have a duty to consider their subject matter jurisdiction in regard to every case and may raise the issue sua sponte.” Answers in Genesis, Inc. v. Creation Ministries Int’l, Ltd., 556 F.3d 459, 465 (6th Cir. 2009). “If the court determines at any time that it lacks subject-matter jurisdiction, the court must Dockets.Justia.com dismiss the action.” Fed. R. Civ. P. 12(h)(3). The party seeking to invoke federal jurisdiction bears the burden of establishing the court’s authority to hear the case. Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Plaintiff has not demonstrated a proper basis for the valid exercise of federal diversity jurisdiction. She indicates that she is an Ohio citizen and that Family Solutions USA is “located” in North Carolina. For purposes of the diversity statute, however, a corporation is “deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business. . . .” 28 U.S.C. § 1332(c)(1). Public records of the Ohio Secretary of State show that Family Solutions of Ohio, which provided the services at issue, is incorporated in Ohio. See https://www.ohiosos.gov. Accordingly, Plaintiff has not demonstrated diversity of citizenship under the federal diversity statute, the Court dismisses this action pursuant to Rule 12(h)(3) without prejudice. SO ORDERED. Dated: October 3, 2022 J. Philip Calabrese United States District Judge Northern District of Ohio 2
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