Arbee Mechanical Contractors, Inc. v. Capital Sun Corp.

ORDER

ELLIS, District Judge.

This diversity contract dispute comes before the Court on the eve of trial on a motion to dismiss for lack of subject matter jurisdiction. Rule 12(b)(1), Fed.R. Civ.P. While some motions might be impermissibly tardy if filed this close to trial, those calling into question subject matter jurisdiction must be considered and resolved whenever filed. 1 Subject matter jurisdiction cannot be waived or conferred on the Court by agreement. 2 It is fundamental to the Court’s power to adjudicate. Accordingly, the Court has entertained the motion, reviewed the parties’ briefs…