The opinion of the court was delivered by: Robert W. Sweet, Senior District Judge.
Plaintiff pro se Martin Greenblatt ("Greenblatt") has moved for reconsideration of the March 17, 2003 order dismissing his claim for lack of subject matter jurisdiction. Because Greenblatt has already filed an amended complaint in accordance with the March 17 order, and because defendant Robert W. Gluck ("Gluck") asserts that the amended complaint should be dismissed pursuant to Rules 12(b)(1) and (3) of the Federal Rules of Civil Procedure for lack of subject matter jurisdiction and improper venue, Gluck's motion to dismiss the amended complaint will also be addressed.
For the following reasons, Greenblatt's motion is denied for failure to comply with Local Rule 6.3, and Gluck's motion to dismiss is granted. Leave to amend will not be granted.
Greenblatt commenced this action on February 11, 2003, alleging diversity jurisdiction pursuant to 28 U.S.C. § 1332 as the basis of this Court's subject matter jurisdiction. In support of that allegation, Greenblatt alleged that his office was located in New York and that Gluck has his office in New Jersey.
A little more than a month prior to filing this suit, on January 6, 2003, a similar suit was dismissed sua sponte from the 2 District of New Jersey for lack of subject matter jurisdiction (the "New Jersey action"). Greenblatt commenced the New Jersey action on December 18, 2002, alleging federal question jurisdiction. In his complaint, Greenblatt stated that he "resid[es] at 471 Lincoln Avenue, Highland Park, New Jersey" and that Gluck had the same New Jersey office as noted above. New Jersey Complaint, ¶¶ 1, 2. In dismissing the complaint sua sponte, the district court determined that there was no federal question jurisdiction on the face of the complaint and that there was no diversity jurisdiction. Greenblatt v. Gluck, Civ. No. 02-5749, slip op. at 1 (Jan. 6, 2003). The Court further noted that Greenblatt was "free to file [his] Complaint in the appropriate state court." Id.
Gluck moved to dismiss the complaint by letter dated February 11, 2003, for lack of subject matter jurisdiction.
In the March 17, 2003 order, it was held that Greenblatt had failed to prove by a preponderance of the evidence that his domicile was in New York. The order noted that Greenblatt did not affirmatively state that he had moved from his residence in New Jersey to New York, and that the mere fact that his business was located in New York is insufficient by itself to justify a finding that New York is his domicile. Order, slip op., at 5-6. Greenblatt was permitted the opportunity to amend his pleading to establish New York residence, but was warned that even though pro se he could be sanctioned if such pleading was made frivolously in light of the Court's instructions on the establishment of domicile. Id. at 6.
On April 4, 2003, Greenblatt filed an amended complaint (the "Amended Complaint") in accordance with the order.
On April 14, 2003, Greenblatt moved for reconsideration of the earlier dismissal. In light of the fact that the complaint is no longer the controlling pleading in this case, it is unclear what relief Greenblatt could obtain on this motion.
In his opposition to the motion, Gluck also moved to dismiss the Amended Complaint on the basis of lack of subject matter jurisdiction and improper venue.
The motions were considered fully submitted on May 14, 2003.
The Amended Complaint again alleges diversity as the basis for jurisdiction. There is no dispute that Gluck is a New Jersey resident for the purposes of this analysis. Greenblatt alleges that he is a New York resident and therefore of diverse citizenship. In support of this allegation, he alleges that he has had his office at 580 Fifth Avenue, New York, New York 10036 for the past forty-three years, and that he lives at 182 East 95th Street, Apartment 4F, New York, New York, 10128, with his son Jonathan. He further asserts that he does not own any real ...