BNSF Railway Company v. Dyno Nobel, Inc.

E.D. Missouri

BNSF Railway Company v. Dyno Nobel, Inc.

DecidedApril 24, 2023

Docket2:23-cv-00008

StatusUnknown

This text of BNSF Railway Company v. Dyno Nobel, Inc. (BNSF Railway Company v. Dyno Nobel, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

BNSF Railway Company v. Dyno Nobel, Inc., (E.D. Mo. 2023).

Pincite

Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION

BNSF RAILWAY COMPANY, ) ) Plaintiff, ) ) vs. ) Case No. 2:23-cv-00008-MTS ) DYNO NOBEL, INC., ) ) Defendant. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. The Court notes that Plaintiff’s Complaint, Doc. [1], has failed to establish this Court’s subject matter jurisdiction. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.”). Plaintiff asserts this Court has subject matter jurisdiction over this action under 28 U.S.C. § 1332.1 But Plaintiff’s allegations explicitly show that there is not complete diversity among the parties. “Complete diversity of citizenship exists where no defendant holds citizenship in the same state where any plaintiff holds citizenship.” In re Prempro Prod. Liab. Litig., 591 F.3d 613, 620 (8th Cir. 2010) (quoting OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007)). Here, Plaintiff alleges that both parties are corporations. Doc. [1] ¶¶ 4–5. “For purposes of establishing diversity jurisdiction, ‘a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.’” Jet Midwest Int’l Co. v. Jet Midwest Grp., LLC, 932 F.3d 1102, 1104 (8th Cir. 2019) (quoting 28 U.S.C. § 1332(c)(1)). Plaintiff alleges that both

1 Plaintiff did not provide a subsection of § 1332 under which it contends this Court has subject matter jurisdiction, but it appears to advance jurisdiction under § 1332(a). Plaintiff advanced no other source of subject matter jurisdiction. Plaintiff and Defendant were incorporated in Delaware. Doc. [1] 4-5; see also Doc. [7] (disclosing that “Dyno Nobel Inc. is a Delaware Corporation”). Plaintiff’s own allegation show complete diversity is lacking. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause, no later than Thursday, April 27, 2023, why this case should not be dismissed for lack of subject matter jurisdiction. Dated this 24th day of April 2023. he UNITED STATES DISTRICT JUDGE

_2-

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION

BNSF RAILWAY COMPANY, ) ) Plaintiff, ) ) vs. ) Case No. 2:23-cv-00008-MTS ) DYNO NOBEL, INC., ) ) Defendant. )

MEMORANDUM AND ORDER This matter is before the Court on review of the file. The Court notes that Plaintiff’s Complaint, Doc. [1], has failed to establish this Court’s subject matter jurisdiction. See Hertz Corp. v. Friend, 559 U.S. 77, 94 (2010) (“Courts have an independent obligation to determine whether subject-matter jurisdiction exists, even when no party challenges it.”). Plaintiff asserts this Court has subject matter jurisdiction over this action under 28 U.S.C. § 1332.1 But Plaintiff’s allegations explicitly show that there is not complete diversity among the parties. “Complete diversity of citizenship exists where no defendant holds citizenship in the same state where any plaintiff holds citizenship.” In re Prempro Prod. Liab. Litig., 591 F.3d 613, 620 (8th Cir. 2010) (quoting OnePoint Solutions, LLC v. Borchert, 486 F.3d 342, 346 (8th Cir. 2007)). Here, Plaintiff alleges that both parties are corporations. Doc. [1] ¶¶ 4–5. “For purposes of establishing diversity jurisdiction, ‘a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business.’” Jet Midwest Int’l Co. v. Jet Midwest Grp., LLC, 932 F.3d 1102, 1104 (8th Cir. 2019) (quoting 28 U.S.C. § 1332(c)(1)). Plaintiff alleges that both

1 Plaintiff did not provide a subsection of § 1332 under which it contends this Court has subject matter jurisdiction, but it appears to advance jurisdiction under § 1332(a). Plaintiff advanced no other source of subject matter jurisdiction. Plaintiff and Defendant were incorporated in Delaware. Doc. [1] 4-5; see also Doc. [7] (disclosing that “Dyno Nobel Inc. is a Delaware Corporation”). Plaintiff’s own allegation show complete diversity is lacking. Accordingly, IT IS HEREBY ORDERED that Plaintiff shall show cause, no later than Thursday, April 27, 2023, why this case should not be dismissed for lack of subject matter jurisdiction. Dated this 24th day of April 2023. he UNITED STATES DISTRICT JUDGE

_2-

Cite This Page — Counsel Stack

Bluebook (online)

BNSF Railway Company v. Dyno Nobel, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/bnsf-railway-company-v-dyno-nobel-inc-moed-2023.

Opinion

Related

Cite This Page — Counsel Stack