1The Plaintiffs’ jurisdictional allegations against all three Defendants are also defective,
insofar as the Plaintiffs only allege their place of incorporation. Under 28 U.S.C. § 1332(c)(1), a
corporation is deemed a citizen of both its state of incorporation, and the state in which it
maintains its principal place of business. Without an adequate identification of the principal place
of business of each Defendant, the Plaintiffs fail to carry their burden of demonstrating subject
matter jurisdiction in this Court.
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Honorable Marcia S. Krieger
Civil Action No. 06cv01924MSKPAC
VIRGINIA MAYES, and
ROCKY MOUNTAIN BOAT COMPANY, INC., and
WORLD PUBLICATIONS, INC.
OPINION AND ORDER DISMISSING ACTION FOR LACK OF JURISDICTION
THIS MATTER comes before the Court sua sponte.
The Plaintiffs commenced this action by filing a Complaint (# 1) on September 27, 2006.
The Complaint invokes this Court’s subjectmatter jurisdiction pursuant to 28 U.S.C. § 1332, on
the grounds that the parties are of diverse citizenship and that the amount in controversy exceeds
__DOCTEXT__nbsp;75,000. The Complaint states that both Plaintiffs are citizens of Colorado. Docket # 1, ¶ 1.
Defendant Rocky Mountain Boat Co. is a corporation incorporated in the State of Colorado,
Docket # 1, ¶ 3, and thus, pursuant to 28 U.S.C. § 1332(c)(1), is deemed to be a citizen of
Colorado.1 Because both the Plaintiffs and a Defendant are citizens of Colorado, diversity
Case 1:06-cv-01924-MSK Document 2 Filed 10/02/2006 Page 1 of 2
Mayes et al v. Sportsstuff, Inc. et al
jurisdiction under 28 U.S.C. § 1332 does not exist. The Court has reviewed the Complaint and
discerns no other basis upon which it has subjectmatter jurisdiction over this controversy.