Rousseau v. United States Trust Co. of New York

WYATT, District Judge.

This is a motion by defendant for a wide variety of relief:(1) to dismiss the complaint “or a portion thereof” for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1))(a) because Cornell University is an indispensable party plaintiff and if joined as a party there will be no complete diversity of citizenship; and(b) because plaintiff Mary F. Rousseau is a citizen of New York and there is no complete diversity of citizenship;(2) to dismiss the complaint or parts of it for lack of jurisdiction over the subject matter (Fed.R.Civ.P. 12(b)(1)) because the…