Civil Procedure I, Pages 221–222

Redner v. Sanders

United States District Court for the Southern District of New York, 2000


Plaintiff sued defendant in federal court. He based this jurisdiction on U.S.C. § 1332(a)(2), claiming he was a resident of France. New York defendants move to dismiss, as the statute only considers where one is a citizen, not where one is a resident. Plaintiff then claimed diversity under U.S.C. § 1332(a)(1), as he visited California four times a year for business, is licensed to practice law there, has a driver's license there, and applied for jobs there.


  • Is it enough that the plaintiff is not a resident of the same state as the defendant?

  • What are the requirements of a citizen under U.S.C. § 1332?

Plaintiff's Argument:

Plaintiff's domicile is in California, giving diversity between residents of different states.


  • It is not enough that the plaintiff does not live in the same state as the defendant; he must meet one of the statutory requirements for diversity.

  • A foreign citizen is one who has obtained formal citizenship of that country and become a national thereof. A state citizen is one who is domiciled in that state.


Dismissed for lack of subject matter without prejudice.