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YOUNG v. CENTURY HOUSE HISTORICAL SOCIETY

October 13, 2000

JEREMY YOUNG, PLAINTIFF,
V.
CENTURY HOUSE HISTORICAL SOCIETY; IRON MOUNTAIN GROUP, INC.; IRON MOUNTAIN RECORDS MANAGEMENT, INC.; IRON MOUNTAIN SECURITY CORPORATION; IRON MOUNTAIN SECURITY STORAGE CORPORATION; SCHOONER CAPITAL CORPORATION; CRITERION ATLANTIC PROPERTY, INC.; AND DIETRICH WERNER, DEFENDANTS.



The opinion of the court was delivered by: Hurd, District Judge.

MEMORANDUM-DECISION AND ORDER

I. INTRODUCTION

Plaintiff, Jeremy Young ("Young" or "plaintiff"), brought this negligence action claiming diversity jurisdiction under 28 U.S.C. § 1332(a)(1). Only defendant Century House Historical Society ("Century") moves to dismiss pursuant to Fed.R.Civ.P. 12(b)(1), for lack of subject matter jurisdiction. Plaintiff opposes. Oral argument was heard on July 28, 2000, in Albany, New York. Decision was reserved.

Subsequent thereto, an order was issued which required the defendants to file affidavits citing the domicile of each defendant. As a result, the domicile of defendants are as follows:

1. Century: New York

2. Dietrich Werner, President of Century ("Werner"): New York*fn1
3. Iron Mountain Group, Inc.: Formerly Delaware (Not in existence since 1986)

4. Iron Mountain Records Management, Inc.: Delaware

5. Iron Mountain Security Corporation: Formerly Delaware (Not in existence since 1986)
6. Iron Mountain Security Storage Corporation: Formerly Delaware (Not in existence since 1986)
7. Schooner Capital Corporation: Massachusetts (May 29, 1998 merged into Schooner Capital Corporation LLC — Delaware)
8. Criterion Atlantic Property, Inc.: Delaware (Served January 20, 1999 — Has never appeared).

II. FACTS

On August 8, 1998, while leaving a concert held on property owned by Century in the County of Ulster, State of New York, Young sustained injuries when he wandered onto property allegedly owned by the other defendants, and fell into a kiln. Plaintiff argues that the defendants were negligent in, among other allegations, not providing an adequately marked or lit path of ingress and egress from the concert site.

In the present motion, Century asserts that complete diversity is lacking in this case. In the complaint filed on December 14, 1998, plaintiff alleges that he is a resident of New Jersey, that Century is a domiciliary of New York, and that the other defendants are domiciliaries of Massachusetts.*fn2 Century is domiciled in New York, but ...


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