Redner v. Sanders – Case Brief
Redner v. Sanders, 2000 WL 1161080 (S.D.N.Y. 2000).
Facts: Redner alleged that he was a citizen of the U.S. residing in France, that one of the two defendants was a resident of New York, and that the corporate defendant was incorporated in and had its principle place of business in New York. Redner contended that there was diversity between the parties because he was a foreign resident while all Ds were New York residents. Ds filed a motion to dismiss for lack of jurisdiction under FRCP 12(b)(1).
Issue: To maintain a suit in diversity under 28 USC 1332(a)(2), must a party be a citizen of a foreign country or merely a resident?
Holding and Rule: To sue under 28 USC 1332(a)(2) a party must be an actual citizen of a foreign country. Under 28 USC 1332 original jurisdiction is permitted for matters that exceed $75,000 and which are between citizens of different states, or citizens of a State and citizens or subjects of a foreign state.
During the motion Redner alleged for the first time that his domicile was in California and that he maintained numerous contacts including a driver’s license and license to practice law. The court held that these facts were not sufficient to demonstrate a California domicile. P’s affidavit lacked any substance regarding his activities in France.
Disposition: Dismissed without prejudice.