United States District Court, D. Columbia.
Decided April 9, 2014
For ANTHONY LOPES, Plaintiff: Spencer Michael Hecht, HECHT & ASSOCIATES, Silver Spring, MD.
For JETSETDC, LLC, MARK SPAIN, COREY LAWRENCE MOXEY, also known as DOMINIQUE MOXEY, Defendants: Charles C. Iweanoge, LEAD ATTORNEY, THE IWEANOGES' FIRM, PC, Washington, DC.
For INNER CIRCLE 1420, LLC, DAVID MCLEOD, Defendants: Matthew August LeFande, LEAD ATTORNEY, LAW OFFICES OF MATTHEW AUGUST LEFANDE, Arlington, VA.
Royce C. Lamberth, U.S. District Judge.
Defendants Inner Circle 1420, LLC and David McLeod have brought before the Court a motion to dismiss  from a tort action filed by Plaintiff Anthony Lopes (" plaintiff" ), alleging that the Court lacks subject matter jurisdiction over the case for want of complete diversity between the parties.
Upon consideration of defendants' motion , plaintiff's opposition , defendants' reply , and the record herein, the Court hereby finds that an EVIDENTIARY HEARING is necessary prior to ruling on defendants' motion. The Court has by separate Order  GRANTED plaintiff limited discovery on the issue of defendant McLeod's state of domicile. Finally, the Court has by separate Order  DENIED plaintiff's request for attorney's fees.
In the interest of brevity, the Court will limit its recitation of facts to those that are in dispute and pertain to the issue of diversity. The Court will not set forth the full facts surrounding plaintiff's various claims, as they do not implicate the issue central to defendant's motion.
Plaintiff pleaded that defendant David McLeod was a resident and citizen of the state of Maryland, and that complete diversity existed between plaintiff and all named defendants. Pl.'s Sec. Am. Compl. ¶ 8. Defendants challenged this pleading, asserting that defendant McLeod is a resident and citizen of the state of Virginia, and thus complete diversity does not exist, depriving the Court of jurisdiction. Def.s' Mot. Dismiss 1. In support, defendants submitted several exhibits to establish that McLeod resided in an apartment in Arlington, Virginia from April 23 -- October 14, 2013. Def.s' Mot. Dismiss Exs. 1 -- 4. Defendants further submit via counsel that McLeod presently resides at the same Arlington apartment, and that McLeod intends to remain in Virginia indefinitely. Def.s' Mot. Dismiss at 1.
Plaintiff filed timely opposition  to the motion, submitting evidence to establish that McLeod currently owns residential property in the state of Maryland, and that McLeod also maintains an active Maryland driver's license. Pl.'s Opp. Exs. 1 -- 2. Plaintiff contends this is sufficient to establish that McLeod is a citizen of Maryland. In the ...