Stephenson v. Omni Health & Fitness Club of Mobile et al, No. 1:2012cv00100 - Document 45 (D. Utah 2012)

Court Description: MEMORANDUM DECISION and Order-granting 23 Motion to Dismiss ; granting 27 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs Complaint, therefore, is dismissed. It Is So Ordered. Signed by Judge David Sam on 9/13/12. (jmr)
Download PDF
THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH NORTHERN DIVISION * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * J. HOYT STEPHENSON, ) Plaintiff, Case No. 1:12CV00100 DS ) vs. ) MEMORANDUM DECISION AND ORDER ) OMNI HEALTH & FITNESS CLUB OF MOBILE, LLC, ET AL., Defendants. ) ) * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * Defendants Thrive National Corporation, thrive Systems, Inc., Bailey N. Hall, and Darwin Nelson (collectively, the Thrive Defendants ) move to dismiss Plaintiff s Complaint for lack of subject matter jurisdiction (Doc. #27). Investment Group, LLC, and Robert M. Defendants Olde South Burch, Jr. (the Burch Defendants ) also move to dismiss the Complaint for lack of subject matter jurisdiction, as well as for lack of personal jurisdiction (Doc. #23). Plaintiff filed his Complaint in this diversity jurisdiction under 28 U.S.C. 1332. Court based on Both the Thrive Defendants and the Burch Defendants assert that because there is not complete diversity among the parties the Court lacks subject matter jurisdiction and the Complaint should be dismissed. Court agrees. The Because federal courts are courts of limited jurisdiction, there is a presumption against its existence, and the party invoking federal jurisdiction bears the burden of proof when diversity is challenged. Basso v. Utah Power & Light Co., 495 F. 2d 906, 909 (10th Cir. 1974). It is undisputed that several of the Defendants are citizens of Utah. Thrive Defendants have The Court is satisfied that the placed in the record sufficient documentation to challenge Plaintiff s assertion that he is a resident of Wyoming, rather than a resident of Utah, for purposes of diversity. Plaintiff, therefore, must establish that diversity exists by a preponderance of the evidence. After examining the pleadings the Court concludes that Plaintiff has failed in that burden. Accordingly, the Thrive Defendants Motion to Dismiss for lack of subject matter jurisdiction (Doc. #27), and the Burch Defendants Motion to Dismiss, to the extent it is based on the lack of subject matter jurisdiction (Doc. #23), are both granted. Plaintiff s Complaint, therefore, is dismissed. IT IS SO ORDERED. DATED this 13th day of September, 2012. BY THE COURT: DAVID SAM SENIOR JUDGE UNITED STATES DISTRICT COURT 2 3