Civil Procedure I, Pages 221–222

Redner v. Sanders

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

Facts:

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.

Judgment:

Dismissed for lack of subject matter without prejudice.

Issues:

  • 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.

Rule/Holding:

  • 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.