Paul Marsh, Inc. v. Edward A. Goodman Co., Inc.

OPINION

GOETTEL, District Judge:

It is one of the sacred commandments of federal jurisprudence that the federal courts must protect their subject matter jurisdiction. Ordinarily, one of the parties is more than willing to point out a jurisdictional defect. But when, as here, the parties remain silent, it is the Court’s duty to dismiss the action sua sponte if it lacks subject matter jurisdiction. Fed.R. Civ.P. 12(h).

I. Background

Because the pleadings are of the most cursory sort, the facts giving rise to this litigation are somewhat obscure. All that appears is that some years ago the…