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Keith Cross v. Bally's Total Fitness Corporation

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


March 24, 2011

KEITH CROSS, PLAINTIFF,
v.
BALLY'S TOTAL FITNESS CORPORATION, EDDIE SEITZ, DEFENDANT.

The opinion of the court was delivered by: Roslynn R. Mauskopf, United States District Judge.

MINUTE ENTRY AND ORDER

The Court held a pre-motion conference this day to address Defendants' request to move for Summary Judgment. Present for Plaintiff was Ms. Violet Samuels; present for Defendants Bally's Total Fitness Corporation and Eddie Seitz was Ms. Demetra Sophocleous. Before addressing Defendants' anticipated motion, the Court raised sua sponte the basis for this Court's subject matter jurisdiction.*fn1

This is a diversity action solely alleging state law claims. According to the Complaint, Plaintiff is a resident of New York;*fn2 Defendant Eddie Seitz "has a business address at 159-26 Jamaica Avenue, Jamaica, New York 11435" and "was an employee of the defendant, Bally's Total Fitness Corporation, at its premises located at 159-26 Jamaica Avenue, Queens, New York;" *fn3 and Defendant Bally's Total Fitness Corporation ("Bally's) is a citizen of California by virtue of its principal place of business.

Plaintiff's counsel maintained that to establish diversity jurisdiction, she imputes California citizenship to Defendant Seitz based on the allegation that Seitz is employed, albeit in New York, by a California corporation. When pressed, Plaintiff's counsel conceded that she was unaware of any legal authority for the proposition that the citizenship of a party for purposes of diversity jurisdiction could rest on the citizenship of the party's co-defendant employer. Following this discussion, Plaintiff conceded that the Court lacked subject matter jurisdiction and consented to dismissal of the action, indicating that she would re-file this action in state court.

Based on the foregoing, the Complaint is DISMISSED and the Clerk of Court is directed to close the case.

Brooklyn, New York

ROSLYNN R. MAUSKOPF United States District Judge


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