4/12/2024 0 Comments Motion to dismiss sexample![]() This introduction tells the court that Long wants a dismissal, tells the court the facts that support Long’s motion, namely, that Long and Eastern are citizens of the same state, tells the court what law Long is relying without going into great detail about the law, since federal courts know the requirements of § 1332, and reminds the court again what Long is asking the court to do. Thus, Long’s motion to dismiss should be granted. Because Long and Eastern are both residents of Virginia, this Court lacks subject matter jurisdiction. And Eastern is a Virginia corporation with its principal place of business in Virginia. Long is a Delaware corporation however, its principal place of business is in Virginia. Long and Eastern are both citizens of Virginia. While Long admits that the amount in controversy exceeds the $75,000 statutory minimum, Long and Eastern are not citizens of different states thus, there is no diversity of citizenship. § 1332, which vests a federal court with jurisdiction over state-law claims when there is diversity of citizenship. ![]() Eastern alleges that the Court has subject matter jurisdiction over this case pursuant to 28 U.S.C. Long Construction Company files this motion to dismiss, asking the Court to dismiss Eastern States Construction Company’s complaint for lack of subject matter jurisdiction. Below is an example introduction where the defendant is moving to dismiss the complaint for lack of subject matter jurisdiction: However, the introduction should at least mention the applicable law. Since a defendant will provide cites later in the motion, it is not necessary to provide them in the introduction.Ĭourts deal with motions to dismiss frequently, so an individual should in most instances omit a detailed explanation of “the law” in the introduction of the motion to dismiss. In the introduction, an individual can choose to discuss the applicable legal principles. However, it should provide some general facts and analysis and let the court know that the motion seeks dismissal of the plaintiff’s complaint.
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