fraud and the second count should be dismissed.
Because the Court concludes that the second count for fraud must be dismissed, the Court must conclude that the case should be dismissed for failure to meet the jurisdictional amount.
The Court notes that the defendants have filed counterclaims for breach of contract, breach of duty, and abuse of process; however, the defendants have not set forth a separate jurisdictional basis for those claims in this Court. Accordingly, the counterclaims should be dismissed as well for lack of subject matter jurisdiction.
Further, upon careful review of the complaint and the entire record, the Court concludes that plaintiff had no good faith basis to bring this case in federal court. It is apparent to the Court that plaintiff raised the second count of fraud in order to establish jurisdiction in federal court. The Court concludes that the defendants are entitled to cost and reasonable attorney's fees in having to defend this suit in federal court. See Fed. R. Civ. P. 11.
For the reasons discussed above, the Court concludes that this case should be dismissed. An appropriate Order accompanies this Memorandum.
ORDER - June 29, 1990, Filed
For the reasons discussed in the accompanying Memorandum, the Court concludes that this case should be dismissed.
It is hereby
ORDERED that defendants' motion to dismiss the second cause of action and to dismiss plaintiff's complaint in its entity is granted, it is further
ORDERED that defendants are entitled to cost and reasonable attorney's fees, it is further
ORDERED that defendants shall submit an affidavit to the Court on or before July 9, 1990 demonstrating the cost and reasonable attorney's fees incurred in this case, it is further
ORDERED that plaintiff may respond to defendants' affidavit regarding cost and are reasonable attorney's fees on or before July 20, 1990, it is further
ORDERED that all other pending motions in this case are denied as moot, it is further
ORDERED that this case is dismissed.