Grynberg v. B. B. L. Associates

MEMORANDUM OPINION AND ORDER

ARRAJ, District Judge.

Defendants move for summary judgment asserting “. . . court does not have diversity jurisdiction.” However, summary judgment is not the proper vehicle for raising the issue of diversity jurisdiction. I will therefore treat this motion as a “suggestion” that the court lacks jurisdiction pursuant to F.R.C.P. 12(h)(3). See Hopkins v. Wasson, 227 F.Supp. 278 (E.D. Tenn.1962), aff’d, 329 F.2d 67 (6th Cir. 1964), cert. denied, 379 U.S. 854, 85 S.Ct. 102, 13 L.Ed.2d 57 (1964). See also : Kantor v. Comet Press Books Corp., 187 F.Supp. 321…