Opinion
CIVIL ACTION NO. 3:03-CV-0721-G
April 10, 2003
MEMORANDUM ORDER
"Federal courts are courts of limited jurisdiction. They possess only that power authorized by Constitution and statute, which is not to be expanded by judicial decree." Kokkonen v. Guardian Life Insurance Company of America, 511 U.S. 375, 377 (1994) (citations omitted). They "must presume that a suit lies outside this limited jurisdiction, and the burden of establishing federal jurisdiction rests on the party seeking the federal forum." Howery v. Allstate Insurance Company, 243 F.3d 912, 916 (5th Cir.), cert. denied, ___ U.S. ___, 122 S.Ct. 459 (2001).
In this instance, the plaintiff asserts no federal statutory or constitutional basis for this suit against Farmers Insurance based on the handling of his claim for insurance. His claims appear to arise under state law. Federal courts have no jurisdiction over such claims in the absence of diversity jurisdiction under 28 U.S.C. § 1332. However, the plaintiff does not allege the complete diversity of citizenship necessary to proceed under § 1332. See Stafford v. Mobil Oil Corporation, 945 F.3d 803, 804 (5th Cir. 1991) (holding that "[t]he burden of proving that complete diversity exists rests upon the party who seeks to invoke the court's diversity jurisdiction.").
Courts have "a continuing obligation to examine the basis for their jurisdiction." See MCG, Inc. v. Great Western Energy Corp., 896 F.2d 170, 173 (5th Cir. 1990). The Court may sua sponte raise the jurisdictional issue at any time. Id.; Burge v. Parish of St. Tammany, 187 F.3d 452, 465-66 (5th Cir. 1999). Fed R. Civ. P. 12(h)(3) requires that federal courts dismiss an action "[w]henever it appears by suggestion of the parties or otherwise that the court lacks jurisdiction over the subject matter."
Fed.R.Civ.P. 8(a) requires that the plaintiff set forth in his complaint "a short and plain statement of the grounds upon which the court's jurisdiction depends." The plaintiff's complaint in this case does not comply with this requirement. Accordingly, within fifteen days of this date, the plaintiff shall file and serve an amended complaint curing this deficiency. Failure to do so will result in dismissal of this case without further notice.
SO ORDERED.