Parker v. Moitzfield

MEMORANDUM OPINION

ELLIS, District Judge.

Background

The dismissal motion before the Court in this diversity indemnity action places subject matter jurisdiction in question. In essence, the jurisdictional amount requirement is satisfied only if the complaint’s allegations warrant plaintiffs’ reliance on the anticipatory breach doctrine. For the reasons stated here, plaintiffs’ invocation of this doctrine fails to state a viable claim. And because this plainly appears on the face of the complaint, the requisite $50,000 jurisdictional amount is not met.

The pertinent facts may be succinctly stated.…