BENNETT v. FOREST LABORATORIES, 2:06-cv-72-FtM-38DNF. (2015)
Court: District Court, M.D. Florida
Number: infdco20150324c21
Visitors: 8
Filed: Mar. 23, 2015
Latest Update: Mar. 23, 2015
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Response to Court Order regarding Citizenship of Parties for Jurisdictional Purposes ( Doc. #108 ) filed on March 4, 2015. Plaintiff asserts for diversity purposes, citizenship is determined as of the date the lawsuit is commenced and subsequent events cannot divest a federal court of jurisdiction. Upon review of the cases cited by Plaintiff, the Court is satisfied that his assertion is tru
Summary: ORDER 1 SHERI POLSTER CHAPPELL , District Judge . This matter comes before the Court on Plaintiff's Response to Court Order regarding Citizenship of Parties for Jurisdictional Purposes ( Doc. #108 ) filed on March 4, 2015. Plaintiff asserts for diversity purposes, citizenship is determined as of the date the lawsuit is commenced and subsequent events cannot divest a federal court of jurisdiction. Upon review of the cases cited by Plaintiff, the Court is satisfied that his assertion is true..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on Plaintiff's Response to Court Order regarding Citizenship of Parties for Jurisdictional Purposes (Doc. #108) filed on March 4, 2015. Plaintiff asserts for diversity purposes, citizenship is determined as of the date the lawsuit is commenced and subsequent events cannot divest a federal court of jurisdiction. Upon review of the cases cited by Plaintiff, the Court is satisfied that his assertion is true. Freeport-McMoRan, Inc. v. K N Energy, Inc., 498 U.S. 426, 428 (1991) ("We have consistently held that if jurisdiction exists at the time an action is commenced, such jurisdiction may not be divested by subsequent events.") (citing Mollan v. Torrance, 9 Wheat. 537, 6 L.Ed. 154 (1824); Clarke v. Mathewson, 12 Pet. 164, 171, 9 L.Ed. 1041 (1838); Wichita R.R. & Light Co. v. Public Util. Comm'n of Kansas, 260 U.S. 48, 54 (1922)). At the time this lawsuit was initiated, diversity jurisdiction existed. (See Doc. #1). Thus now, despite any changes in Defendant's structure, i.e. from a corporation to a limited liability company, the Court has jurisdiction to facilitate this case.
Accordingly, it is now
ORDERED:
No further action is needed with regard to the Court's Orders to Show Cause. (Doc. #93; Doc. #106).
DONE and ORDERED.
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Source: Leagle
