Fusaro v. Fusaro

OPINION

DITTER, District Judge.

In this diversity action for breach of contract and fraud arising from a post-nuptial settlement agreement, defendant, the ex-wife of plaintiff, alleges the court has no subject matter jurisdiction and moves to dismiss. Fed.R.Civ.P. 12(b)(1) (1982). Because I will grant defendant’s motion based on the domestic relations exception to federal court jurisdiction, I will not address defendant’s alternative argument that plaintiff’s state of citizenship is the same as hers. A detailed recitation of the relationship of the parties follows.

The parties were married on…