The court is satisfied that diversity jurisdiction exists in this case pursuant to 28 U.S.C. Plaintiffs also allege that the amount in controversy exceeds $75,000. Plaintiffs allege they are all Iowa residents and that the Defendant is domiciled in Delaware. As discussed more fully below, the court declines to apply Wisconsin law in the instant action, which moots this aspect of Defendant's jurisdictional challenge.ĭiversity must be complete, meaning "no defendant holds citizenship in the same state where any plaintiff holds citizenship." OnePoint Solutions, LLC v. § 1332, the relevant subject matter jurisdiction statute. Defendant claims Wisconsin law ought to govern Plaintiffs' claims and caps Plaintiffs' total damages at $50,000, which is less than the $75,000 amount in controversy set forth in 28 U.S.C. In the Motion, Defendant moves to dismiss the Complaint for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). The Motion is fully submitted and ready for decision. On April 14, 2009, the court held a hearing on the Motion. On March 13, 2009, Defendant filed a Reply (docket no. On February 20, 2009, Plaintiffs filed a Resistance (docket no. In the Motion, Defendant *985 asks the court to dismiss the Complaint for lack of subject matter jurisdiction and for failure to state a claim. On December 29, 2008, Defendant filed the Motion.
Plaintiffs also allege Defendant is liable for its own negligence.
In the Complaint, Plaintiffs allege Defendant is vicariously liable for the negligence of a third party who caused an accident that injured Plaintiffs. On September 24, 2008, Plaintiffs Dawn Carton, James Carton, Jodi Feller, Terry Feller, Cody Medinger and Stephanie Nieland filed the Complaint (docket no. The matter before the court is Defendant General Motors Acceptance Corporation's Motion to Dismiss ("Motion") (docket no. Constitutionality of the Graves Amendment. Effect of the Replevin Judgment on the Lease. Collins, Pickens Barnes & Abernathy, Cedar Rapids, IA, for Defendant. Crowley, Crowley & Bunger, Burlington, IA, for Plaintiffs. GENERAL MOTORS ACCEPTANCE CORPORATION, Defendant.
2d 982(2009) Dawn CARTON, James Carton, Jodi Feller, Terry Feller, Cody Medinger, Stephanie Nieland, Plaintiffs,
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