In re Benjamin Moore & Co.

BY THE COURT:

IT IS ORDERED that the petition for writ of mandamus is Denied Without Prejudice.

Petitioners’ motion is framed around the district court’s failure to address whether diversity jurisdiction was fraudulently defeated because among the seventeen plaintiffs herein, who have nothing in common with each other, only four have asserted claims that relate in any way to the nondi-verse defendants. It may thus be contended that the other thirteen did raise claims cognizable in diversity jurisdiction. See Tapscott v. MS Dealer Serv. Corp., 77 F.3d 1353, 1360 (11th Cir.1996), abrogated on…