Stucky ex rel. Stucky v. Bates

*1436 MEMORANDUM AND ORDER

MARTEN, District Judge.

This is a medical malpractice action in which the plaintiff invokes the court’s diversity jurisdiction. The defendant Michael N. Bates, M.D., moves to dismiss the action for lack of subject matter jurisdiction pursuant to Federal Rule of Civil Procedure 12(b)(1). Defendants are citizens of Kansas, and defendant Bates argues the plaintiffs were residents of Kansas at the time this action was filed. Plaintiffs contend they were residents of Missouri at the time this action was filed. The court has reviewed the parties’ submissions and the applicable…