Bell v. Scf Investments Advisors, Inc.
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA
TONY E. BELL, ) ) Plaintiff, ) ) v. ) Civil Action No. 24-0392 (UNA) ) SCF INVESTMENT ADVISORS, INC., et al., ) ) Defendants. )
MEMORANDUM OPINION This matter is before the Court on review of Tony E. Bell’s application to proceed in
forma pauperis (Dkt. #2), his emergency motion (Dkt. #4) and pro se complaint (Dkt. #1. The
Court GRANTS the application, DENIES the motion as moot, and DISMISSES the complaint
without prejudice.
Plaintiff, a resident of Sacramento, California, brings this action against two corporations,
both conducting business in San Diego, California. See Compl. at 1-2. His claims appear to
arise from a business relationship gone wrong, see generally id., Ex. (ECF No. 1-1 at 1-3), and
plaintiff demands compensatory and punitive damages, see id., Ex. (ECF No. 1-1 at 3).
The subject matter jurisdiction of the federal district courts is limited and is set forth
generally at
28 U.S.C. §§ 1331and 1332. Under these statutes, federal jurisdiction is available
when a “federal question” is presented or when the parties are of diverse citizenship and the
amount in controversy exceeds $75,000. “For jurisdiction to exist under
28 U.S.C. § 1332, there
must be complete diversity between the parties, which is to say that the plaintiff may not be a
citizen of the same state as any defendant.” Bush v. Butler,
521 F. Supp. 2d 63, 71(D.D.C.
2007) (citing Owen Equip. & Erection Co. v. Kroger,
437 U.S. 365, 373-74(1978)). A party
1 seeking relief in the district court must at least plead facts that bring the suit within the Court’s
jurisdiction. See FED. R. CIV. P. 8(a).
This case does not present a federal question and plaintiff invokes diversity jurisdiction.
See Compl. at 3. Because all the parties reside or conduct business in California, even though
the amount in controversy exceeds the $75,000 threshold, plaintiff fails to demonstrate complete
diversity between the parties. Therefore, the Court must dismiss the complaint for lack of
subject matter jurisdiction.
A separate order will issue.
DATE: March 18, 2024 RANDOLPH D. MOSS United States District Judge
2
Reference
- Status
- Published