Thompson v. Greyhound Lines, Inc.
574 F. App'x 407 (2014)
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Rule of Law:
For the purpose of establishing diversity of citizenship jurisdiction under 28 U.S.C. § 1332, the citizenship of the parties is determined at the time the complaint is filed. A new lawsuit, filed after a previous action was dismissed, is a separate action and does not relate back to the filing date of the earlier case for jurisdictional purposes.
Facts:
- On April 15, 2011, Theodore J. Thompson was a citizen of Arkansas while defendant Terry Reeves was a citizen of Florida.
- At some point after a lawsuit filed on that date was dismissed, Thompson moved to Pensacola, Florida.
- Thompson worked as an associate pastor at a church in Pensacola for approximately 14 months.
- Thompson owned a motor vehicle that was titled in Florida.
- Starting in December 2011, Thompson used a Pensacola, Florida address on various court filings.
- In a deposition on March 14, 2013, Thompson testified about his role as a pastor in Pensacola.
Procedural Posture:
- Theodore J. Thompson filed a lawsuit against Terry Reeves and others in the U.S. District Court for the Eastern District of Arkansas, which was dismissed for improper venue on October 27, 2011.
- Thompson filed a second lawsuit against the same parties in the U.S. District Court for the Northern District of Florida, which he later voluntarily dismissed.
- Thompson filed the present action in the U.S. District Court for the Southern District of Alabama on September 7, 2012.
- The action was transferred to the U.S. District Court for the Southern District of Mississippi on December 13, 2012.
- The district court granted the defendants' motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1).
- Thompson, as appellant, appealed the dismissal to the U.S. Court of Appeals for the Fifth Circuit.
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Issue:
Is diversity of citizenship for subject matter jurisdiction purposes determined by the filing date of the current lawsuit, rather than the filing date of a previously dismissed, separate action involving the same parties and facts?
Opinions:
Majority - Per Curiam
Yes. Diversity of citizenship is determined based on the facts as they exist at the time the complaint is filed, and a new lawsuit does not relate back to a previously dismissed action for jurisdictional purposes. The court reasoned that the 'time of filing' rule is a firm and long-standing principle. Thompson's current lawsuit, filed in September 2012, was the commencement of a new and separate action, not an amendment to his previously dismissed 2011 Arkansas case. Therefore, the 'relation back' doctrine, which is generally applied to statutes of limitations, is inapplicable to the jurisdictional question here. The court found that the preponderance of evidence—including Thompson's own deposition testimony, his employment in Florida, his Florida-titled vehicle, and his use of a Florida address—clearly established that he was a citizen of Florida when the present action began in late 2012. Because defendant Reeves was also a citizen of Florida, complete diversity did not exist, and the district court correctly dismissed the case for lack of subject matter jurisdiction.
Analysis:
This decision reaffirms the strictness and inflexibility of the 'time-of-filing' rule for determining diversity jurisdiction. It clarifies that plaintiffs cannot 'lock in' favorable jurisdictional facts from a prior, dismissed case when filing a new action, even if the underlying claims are identical. The ruling emphasizes that each new lawsuit stands on its own for jurisdictional analysis, preventing parties from circumventing the complete diversity requirement by referencing circumstances from a terminated proceeding. This reinforces the fundamental principle that subject matter jurisdiction is non-waivable and must exist at the commencement of each individual case.
