CLAIRE C. CECCHI, District Judge.
This matter comes before the Court on Defendant CRS Facility Services, LLC's ("Defendant") Motion to Dismiss pro se Plaintiff Leonard Robinson's ("Plaintiff') Second Amended Complaint. (ECF No. 38.) The Court decides this matter without oral argument pursuant to Rule 78 of the Federal Rules of Civil Procedure. For the reasons set forth below, the Court dismisses Plaintiffs Second Amended Complaint for lack of subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1). Plaintiff is granted thirty (30) days in which to file a Third Amended Complaint that cures the pleading deficiencies discussed below.
Plaintiff tiled his initial Complaint on May 4, 2012. (Compl.) In the initial Complaint. Plaintiff alleged discrimination by his former employer. Defendant. under Title VII of the Civil Rights Act of 1964. 42 U.S.C. § 2000e. et seq ("Title VII"). Plaintiff alleged that on August 3, 2009. he was granted a leave of absence from his position to handle some personal family issues." (Compl. 5.) On May 5, 2010, Plaintiff called his employer who informed him that he was terminated and that the company had attempted to contact him, but had been unable to do so. (Compl. 5.) Plaintiff claims he was unjustly terminated and is entitled to relief.
On October 22, 2012. Defendant filed a Motion to Dismiss, arguing that Plaintiffs claim should be dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a claim, because he had not received the statutorily required Right to Sue letter from the E.E.O.C. (Def. Mot. to Dismiss.) On March 21. 2013, Plaintiff filed an Amended Complaint and added a claim under New Jersey state law. (Am. Compl.) Defendant then filed a Motion to Dismiss for lack of subject matter jurisdiction, pursuant to Fed. R. Civ. P. 12(b)(1). (Def. Second Mot. to Dismiss.)
On September 24, 2013, Judge Dickson recommended that Defendant's Motion to Dismiss be denied; however, he exercised the Court's power to recommend dismissal of the Amended Complaint sua sponte under Fed. R. Civ. P. 12b)(6). On November 25, 2013, this Court adopted and affirmed Judge Dickson's Report and Recommendation. (Ct. Op.)
Plaintiff thereafter filed a letter, which this Court construes as a Second Amended Complaint, on December 16, 2013, alleging that Defendant violated New Jersey's Law Against Discrimination. (Second Am. Compl.) Plaintiff does not re-allege that Defendant violated Title VII. (Second Am. Compl.) On January 6, 2014, Defendant filed a Motion to Dismiss Plaintiff's Second Amended Complaint pursuant to Fed. R. Civ. P. 12(b)(1) and Fed. R. Civ. P. 12(b)(6). (Def Third Mot. to Dismiss.) On January 30, 2014, Plaintiff filed a letter in response. (Pl. Resp.)
A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(1) challenges the existence of' a federal court's subject matter jurisdiction. "When subject matter jurisdiction is challenged under Rule 12(b)(1), the plaintiff must bear the burden of persuasion."
To properly invoke subject matter jurisdiction under 28 U.S.C. § 1332(a), a plaintiff must "show that there is complete diversity of citizenship among the parties and an amount in controversy exceeding $75,000."
Plaintiffs, even when proceeding pro se, must plead the citizenship of the individual defendants for the court to determine whether complete diversity of the parties in fact exists and thus whether the court has jurisdiction to adjudicate the matter.
Here, Defendant challenges the Court's jurisdiction, arguing that the Court lacks subject matter jurisdiction because Plaintiffs Second Amended Complaint only asserts a claim under New Jersey law and abandons all claims under Title VII. (Def Third Mot. to Dismiss 14-16). Defendant argues that there is no diversity of citizenship because both Plaintiff and Defendant are citizens of New York. (
The Court recognizes that Plaintiff appears pro se and his complaint is held to a less stringent standard than formal pleadings drafted by lawyers, yet the Court is limited in the procedural flexibility it can afford Plaintiff.
Based on the reasons set forth above,
SO ORDERED.