Reported / Citable
Background
Al Williams sued Paul Kim and other defendants in the Eastern District of Texas. The matter was referred to a magistrate judge, who recommended dismissing the case without prejudice under Federal Rule of Civil Procedure 41(b).
Williams timely objected to the recommendation and argued that his Third Amended Complaint presented federal-question jurisdiction. He also sought to support diversity jurisdiction by characterizing two individual defendants as agents and employees of a bank defendant. Without leave, Williams filed a supplement to his Third Amended Complaint.
The Court’s Holding
District Judge Amos L. Mazzant adopted the magistrate judge’s report after de novo review of Williams’s objections and dismissed the action without prejudice under Rule 41(b). The court struck Williams’s unauthorized supplement to the Third Amended Complaint.
The court held that Williams had not established subject-matter jurisdiction. His Third Amended Complaint contained no federal question, and his argument concerning the individual defendants did not satisfy the citizenship-pleading requirements for diversity jurisdiction. Supplemental jurisdiction could not supply a basis for the case because neither federal-question nor diversity jurisdiction existed.
Key Takeaways
- A plaintiff must plead an independent basis for federal subject-matter jurisdiction.
- Calling individual defendants agents or employees of a corporate defendant does not satisfy diversity-jurisdiction citizenship pleading requirements.
- Supplemental jurisdiction does not create original jurisdiction where no federal question or diversity basis exists.
Why It Matters
The order underscores that objections to a magistrate judge’s recommendation must cure jurisdictional defects in the operative complaint. Arguments raised in objections cannot establish federal jurisdiction when the pleaded complaint identifies no federal claim and does not adequately allege diverse citizenship.
The dismissal was without prejudice, leaving Williams free to pursue a properly jurisdictionally supported action if he can do so.