LAUREL BEELER, Magistrate Judge.
This is a statutory-interpleader case. Defendants Gayle and Lawrence Hart recently moved to dismiss the original interpleader claim, their co-defendant David L. Lewis's cross-claim against Gayle Hart, and Mr. Lewis's third-party claim against Lawrence Hart.
The Harts now ask the court to reconsider that decision. (ECF No. 48); see Civ. L. R. 7-9.
The court has carefully weighed the Harts' motion but denies them leave to move for reconsideration.
The court will not reconsider its order. Even if Mr. Lewis not only is both trustee and executor, but also is litigating as both trustee and executor — and even if this dual role would defeat "complete diversity" under 28 U.S.C. § 1332 — even then, the court has supplemental jurisdiction over the Trustee's cross-claim and third-party claim under 28 U.S.C. § 1367. The court chooses to exercise that jurisdiction.
The Trustee expressly invokes § 1367 as a jurisdictional basis for his affirmative claims against the Harts.
28 U.S.C. § 1367(a).
The court has original interpleader jurisdiction under 28 U.S.C. § 1335. As the court's previous order discussed, statutory interpleader requires only "minimal diversity" among parties to establish "original" federal subject-matter jurisdiction. See, e.g., State Farm Fire & Cas. Ins. Co. v. Tashire, 386 U.S. 523 (1967). It is jurisdictionally enough under § 1335, that is, if any two adverse parties are citizens of different states. (The amount in controversy in the interpleader claim is $5000, well over the statutory minimum of $500. See 28 U.S.C. § 1335(a).) The court continues to hold that minimal diversity exists within the confines of the original interpleader complaint. The Trustee, qua trustee, is undisputedly a citizen of Georgia; Ms. Hart, the original interpleader defendant, is alleged to be a citizen of California.
The Harts take issue with this. They contend that the court should have treated Mr. Lewis as an executor. This would have given him the same California citizenship as his decedent, Ms. Lewis, and would have destroyed subject-matter jurisdiction over the cross-claim. (And, again, presumably over the third-party claim.
The question under § 1367(a) then becomes whether the interpleader claim, and the Trustee's claims against the Harts, "are so related . . . that they form part of the same case or controversy under Article III." See 28 U.S.C. § 1367(a). The court holds that they do. Section 1367(a)'s "same case or controversy" formulation "unambiguously extends jurisdiction to the limits of Article III." Montoya v. Espanola Pub. Sch. Dist. Bd. of Educ., 861 F.Supp.2d 1307, 1310 (D.N.M. 2012) (quoting Jones v. Ford Motor Credit Co., 358 F.3d 205, 212 n. 5 (2nd Cir. 2004)). The facts that underlie the Trustee's affirmative claims meet this test. Those claims allege (in sum) that the Harts "subjected Ms. Lewis to various forms of elder abuse, unlawfully absconded with Ms. Lewis's property, and wrongfully coerced Ms. Lewis to designate Ms. Hart as the beneficiary of Ms. Lewis's multiple life insurance policies."
Finally, the court chooses to exercise supplemental jurisdiction over the Trustee's cross-claim and third-party claim. The supplemental-jurisdiction statute lays out several considerations that "may" lead a court, in its discretion, to decline such jurisdiction, but the court finds that, in the circumstances of this case, none of these warrants declining to exercising supplemental jurisdiction. See, e.g., 28 U.S.C. § 1367(c); Acri v. Varian Assocs., Inc., 114 F.3d 999, 1000 (9th Cir.), supplemented, 121 F.3d 714 (9th Cir. 1997), as amended (Oct. 1, 1997) ("[A] federal district court with power to hear state law claims has discretion to keep, or decline to keep, them under the conditions set out in § 1367(c) . . . .").
Additional problems infect the Harts' present analysis. It is unnecessary to elaborate upon them. The discussion above conveys the court's essential reasoning and suffices to establish the court's subject-matter jurisdiction over all the claims that are in play: those in the original interpleader complaint (ECF No. 3), and those in the Trustee's responsive pleading (ECF No. 17).
The court denies the Harts' motion for leave to seek reconsideration of the court's order of December 27, 2016.
This disposes of ECF No. 48.