JANIS
v.
WRIGHT NATIONAL FLOOD INSURANCE COMPANY
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Plaintiff Richard Janis filed a breach of contract action in federal court arising from property damage caused by Hurricane Ian. The district court dismissed the complaint without prejudice for lack of subject matter jurisdiction because Plaintiff failed to establish a proper basis for federal jurisdiction.
The court dismissed the complaint without prejudice for lack of subject matter jurisdiction because Plaintiff failed to properly plead facts establishing federal jurisdiction, either under 42 U.S.C. § 4072 (flood insurance) or 28 U.S.C. § 1332 (diversity jurisdiction).
Plaintiff Richard Janis suffered property damage from Hurricane Ian and brought a breach of contract action against United Property & Casualty Insuran…
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Before the Court is Plaintiff Richard Janis's Complaint. (Doc. 1). This
is a breach of contract action involving property damage that occurred because of Hurricane Ian.
Federal courts are courts of limited jurisdiction and have “an independent obligation to determine whether subject-matter jurisdiction exists, even in the absence of a challenge from any party.” Arbaugh v. Y.H. Corp., 546 U.S. 500, 514 (2006) (citing Ruhrgas AG v. Marathon Oil Co., 526 U.S. 574, 583 (1999)).
Plaintiff does not state the basis for the Court's jurisdiction. In fact, the Complaint reads as though Plaintiff intended to file it in state court since the
Complaint alleges “more than $50,000” in controversy. (Doc. 1 at 1). If Plaintiff intended to invoke this Court's jurisdiction under 42 U.S.C. § 4072, Plaintiff has not properly done so because he has not pled the facts to support such jurisdiction.¹
The Court finds that Plaintiff has not met his burden of establishing this Court's subject matter jurisdiction over this action.
Accordingly, it is now
ORDERED:
1. Plaintiff Janis's Complaint (Doc. 1) is DISMISSED without prejudice for lack of subject matter jurisdiction.
2. Plaintiff may file an amended complaint on or before February 5, 2024. Failure to do so will cause the Court to close this case without further notice.
DONE and ORDERED in Fort Myers, Florida on January 17, 2024.
Sheri Polster Rappell
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record
1 The Court presumes this was Plaintiffs intent due to the Complaint's reference to “loss caused by flood" and because Plaintiff has not pled any of the conditions for diversity jurisdiction under 28 U.S.C. § 1332. The Complaint states that the amount in controversy is "more than $50,000" and does not properly allege the citizenship of Plaintiff nor Defendants. (Doc. 1).
2
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Arbaugh v. Y & H Corp., 546 U.S. 500 (U.S. 2006)
- Ruhrgas Ag v. Marathon OIL Co., 526 U.S. 574 (U.S. 1999)