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Carl Schroter Gmbh And Co KG Aso Exportadora Geofrut Ltda v. Cool-Pak Solutions, Llc et al

NOTICE OF MOTION AND MOTION to Dismiss for Lack of Jurisdiction

12 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 20,346 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Owen Equipment Erection Co. v. Kroger

    437 U.S. 365 (1978)   Cited 4,230 times
    Holding no diversity jurisdiction over claim by plaintiff against third-party defendant because both were Iowa citizens

  3. Safe Air for Everyone v. Meyer

    373 F.3d 1035 (9th Cir. 2004)   Cited 3,461 times   1 Legal Analyses
    Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

  4. St. Paul Indemnity Co. v. Cab Co.

    303 U.S. 283 (1938)   Cited 6,235 times   14 Legal Analyses
    Holding that the plaintiff "may resort to the expedient of suing for less than the jurisdictional amount ... though he would be justly entitled to more"

  5. Keene Corp. v. United States

    508 U.S. 200 (1993)   Cited 614 times   3 Legal Analyses
    Holding that 28 U.S.C. § 1500 jurisdiction "depends upon the state of things at the time of the action brought" and that "once the lines are drawn" limitations such as § 1500 "must be neither disregarded nor evaded"

  6. McNutt v. Gen. Motors Acceptance Corp.

    298 U.S. 178 (1936)   Cited 5,536 times
    Holding that a plaintiff, when challenged, must provide "competent proof" supporting jurisdictional claim

  7. Crum v. Circus Circus Enterprises

    231 F.3d 1129 (9th Cir. 2000)   Cited 395 times
    Holding that the amount in controversy alleged by the proponent of federal jurisdiction controls so long as the claim is made in good faith

  8. Whisnant v. U.S.

    400 F.3d 1177 (9th Cir. 2005)   Cited 249 times
    Holding that the government had retained responsibility for safety even though an independent contractor was responsible for maintenance at a naval commissary

  9. Budget Rent-A-Car v. Higashiguchi

    109 F.3d 1471 (9th Cir. 1997)   Cited 140 times
    Holding that a claim satisfying diversity requirements satisfies jurisdictional requirements for declaratory judgment

  10. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 362,607 times   962 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 116,150 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"