Legal Opinion
Donald L. Snell v. Cleveland, Inc., and Patricia Faber John Does Jane Does
Court of Appeals for the Ninth Circuit
Decided December 4, 2002No. 01-35957PublishedCited by 905 opinions
1Opinion of the Court
OPINION
2Per curiam
This case presents the question of whether a district court may, sua sponte, vacate a final judgment in a prior case not pending before the court because diversity jurisdiction, though it existed, was inadequately pled. We conclude that it cannot, and reverse.
I
Donald Snell filed this diversity tort action, captioned CV-00-00009 (hereinafter referred to as “the closed tort action”), in the United States District Court for the District of Montana. He named four parties as defendants: Cleveland, Inc.; Nicholas Faber, in his capacity as the sole shareholder of Cleveland, Inc.; and Nicholas…
3Cases cited22 opinions
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