Barrett v. Covert

MEMORANDUM AND ORDER

NEWCOMER, District Judge.

Presently before the Court is Defendant’s Motion under Federal Rule of Civil Procedure 12 to dismiss Plaintiff’s Complaint, or in the alternative, a Motion for Summary Judgment for lack of diversity under Federal Rule of Civil Procedure 56.

The sole ground upon which Plaintiff invokes Federal jurisdiction is the averment in Paragraph 1 of the Complaint that, at the time the action was initiated, the Plaintiff was a citizen of Pennsylvania, the defendant was a citizen of New Jersey, and the amount in controversy exceeds the sum of $10,000.00,…