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Contract: Other Contract | Texas Northern
Order of Dismissal or Administrative Closure
Order Dismissing Case. Before the Court is Plaintiff's Notice of Jurisdictional Facts (Doc. No. 5). On December 12, 2019, the Court ordered Plaintiff to amend its complaint to properly allege Defendants citizenship. The sole basis alleged for this Court's subject matter jurisdiction was diversity. In response, Plaintiff timely filed this Notice in which it concedes that the parties are not completely diverse. Without subject matter jurisdiction, the Court must dismiss this action without prejudice. See FED. R. CIV. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action."); Stafford v. Mobil Oil Corp., 945 F.2d 803, 805 (5th Cir. 1991) (Failure adequately to allege the basis for diversity jurisdiction mandates dismissal."). (Ordered by Judge Ed Kinkeade on 1/6/2020) (chmb)
Notice (Other)
NOTICE of Jurisdictional Facts re: 4 Order,,, filed by American Technologies Inc (Pearman, Nathan)
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