United States District Court, S.D. New York
REPORT AND RECOMMENDATION
ANDREW J. PECK, Magistrate Judge.
Pro se plaintiff Merhdad Porghavami brings this action, alleging diversity jursidiction, against corporate defendants Aerolínea Principal Chile S.A. (PAL Airlines), Grupo Musiet and Promati Inc., and individual defendants Rolando Musiet Sr., Rolando Musiet Jr., Rolando Musiet Talguia, Fernando Musiet Talguia, Mauricio Musiet Talguia, Pierre Musiet and Carlos Musiet. (Dkt. No. 23: Am. Compl.) Presently before the Court is defendants' motion to dismiss for failure to state a claim and improper venue. (Dkt. No. 25.) The Court sua sponte raised the issue of lack of diversity jurisdiction. (Dkt. No. 31: 2/23/15 Order.) Porghavami is a Canadian citizen suing two Chilean corporations, six Chilean citizens, one dual citizen of the United States and Chile, and a Florida corporation. For the reasons set forth below, this Court lacks subject matter jurisdiction and Porghavami's claims should be DISMISSED without prejudice to filing his claims in state court.
Porghavami's amended complaint asserts jurisdiction "[p]ursuant to 28 U.S.C. Sections 1391(b), 1332, 2201 and 2202." (Dkt. No. 23: Am. Compl. ¶¶ 39-43.) Section 1332 provides for diversity jurisdiction. The other sections are not relevant to jurisdiction. Section 1391(b) deals with venue. 28 U.S.C. § 2201 and § 2202 deal with declaratory relief, but only "[i]n a case of actual controversy within [the court's] jurisdiction." 28 U.S.C. § 2201. Thus, for the Court to have jurisdiction, there must be diversity of citizenship.
The amended complaint pleads the defendants' citizenship, which defendants have supplemented and verified. (Am. Compl. ¶¶ 2-4, 45-49; Dkt. No. 33: Defs. Letter of Citizenship.) Defendants PAL Airlines and Grupo Musiet are Chilean corporations with their principal place of business in Chile. (Am. Compl. ¶¶ 2-3, 45-46; Defs. Letter of Citizenship.) Defendant Promati is a Florida corporation with its principal place of business in Florida. (Defs. Letter of Citizenship; Am. Compl. ¶¶ 4, 47.) The individual defendants are all citizens of Chile, except for Pierre Musiet, who is a citizen of both Chile and the United States, with his primary residence in Florida. (Defs. Letter of Citizenship.)
As to plaintiff Porghavami, the amended complaint merely states that he "maintain[s] residences in Sacramento, California, USA, and Montreal, QC, Canada." (Am. Compl. ¶ 1.) In response to the Court's Order requiring the parties "to identify the citizenship of plaintiff and each defendant, as used in 28 U.S.C. § 1332" (Dkt. No. 31: 2/23/15 Order), Porghavami responded:
Porghavami currently residing in Montreal, Canada and holds a valid Canadian passport. However, for [a] period  approximately starting early 1990's through the end of 2008, Porghavami held local residency in Sacramento, California....
(Dkt. No. 32: Porghavami Notice of Citizenship, emphasis added.) To hold a Canadian passport, one must be a Canadian citizen. Canadian Passport Order, SI/81-86, § 4(2) (Can.) ("No passport shall be issued to a person who is not a Canadian citizen under the Act.").
I. LEGAL STANDARDS GOVERNING DISMISSALS FOR LACK OF SUBJECT MATTER JURISDICTION
28 U.S.C. § 1332 confers diversity jurisdiction upon the federal courts. In relevant part, § 1332 states:
(a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75, 000, exclusive of interest and costs, and is between-
(1) citizens of different States;
(2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for ...