JOY FLOWERS CONTI, Chief District Judge.
Plaintiff, Jean Coulter ("Coulter"), proceeding
In her amended complaint, Coulter asserts nine causes of action against the Paulisicks, ranging from "severe neglect of their property" and "blatant disregard for the safety of others" to "breach of contract" and "conspiracy under color of law." (ECF No. 9 at 1.) Coulter asserts that she owns a parcel of improved land on North McKean Street, Butler, Pennsylvania, that is adjacent to a parcel of improved land owned by the Paulisicks. (ECF No. 9 ¶¶ 6, 18.) Coulter avers that the Paulisicks' neglect and misuse of their property, in particular of several trees located along the border of the two parcels of property in dispute, caused damage to her property. (
In their motion to dismiss, the Paulisicks argued that Coulter failed to join two indispensable parties, i.e., her brother and sister who both own interests in the North McKean Street property which was allegedly damaged. (ECF No. 6 at 2-4.) The Paulisicks also argued that Coulter's complaint did not contain "sufficient averments to establish diversity of citizenship" because Coulter claimed to be a resident of New Jersey, but listed a Pennsylvania mailing address. (
In the motion to stay, filed on the same date as the amended complaint, Coulter acknowledges that there is an ongoing ownership dispute about the North McKean Street property with her brother, James P. Coulter. That dispute is pending "before another court" referred to as "the Philadelphia Court." (ECF No. 10 ¶¶ 2, 6.) Coulter states that this case must be stayed "as the actual ownership of the damaged property remains a legal question," and explains that suit was filed in this court only to avoid a statute of limitations defense. (
Due to the pendency of the previously-filed lawsuit concerning ownership of the North McKean Street property, Coulter's motion to stay must be granted. That litigation will affect which parties must be named as plaintiffs in the instant lawsuit, which will in turn affect how this court's diversity jurisdiction is determined. These issues are fundamental to this court's power to adjudicate the present dispute, and it would be improper for this court to proceed without a ruling from the state court with respect to ownership. This case will be administratively closed pending the outcome of that litigation. The Paulisicks' motion to dismiss will be denied as moot, but without prejudice.
An appropriate order will be filed contemporaneously with this opinion.