Home Federal Bank for Savings v. Gussin

MEMORANDUM AND ORDER

MORAN, Chief Judge.

Calumet National Bank (Calumet), a third party defendant in this action, moves to dismiss Paul Gussin’s (Gussin) third party complaint for lack of subject matter jurisdiction, pursuant to Rule 12(b)(1) of the Federal Rules of Civil Procedure. Alternatively, Calumet requests that we exercise our discretion and decline jurisdiction. For the following reasons, Gussin’s third party complaint is stayed and Calumet’s motion to dismiss continued.

BACKGROUND

Donald Levine, a resident of Munster, Indiana, died on November 9, 1989. His estate was opened for probate…