Cressler v. Neuenschwander

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on the defendants’ Motion to Dismiss for Lack of Subject Matter Jurisdiction (Doc. 71).

1. BACKGROUND

Mr. Cressler filed this action on February 2, 1995. The plaintiff claimed, among other things, that Dr. John Rapp Neuenschwander, Dr. John Rand Neuenschwander, and Dr. Ross E. Stadalman negligently failed to diagnose and treat a malignant melanoma on his right foot. The plaintiff invoked the court’s jurisdiction pursuant to 28 U.S.C. § 1332, stating that the defendants were residents of the State of Kansas, and that the…