No. 22-900

Ganiyu Ayinla Jaiyeola v. Robert Allen Brundage

Lower Court: Sixth Circuit
Docketed: 2023-03-16
Status: Denied
Type: Paid
Response Waived
Tags: civil-procedure diversity-jurisdiction due-process federal-courts federal-jurisdiction procedural-fairness standing sua-sponte subject-matter-jurisdiction
Latest Conference: 2023-04-28
Question Presented (from Petition)

Whether a District Court can nullify an exist­ing diversity jurisdiction by doing sua sponte conversion of one of Plaintiff's two witnesses into Plaintiff's second Defendant without a hearing or full briefing; an action that de­stroyed Plaintiff's diversity jurisdiction, de­nied Plaintiff due process, and resulted in the dismissal of Plaintiff's complaint for lack of subject-matter jurisdiction.

Whether a litigant can waive or forfeit an is­sue that determined subject-matter jurisdic­tion because the issue was not mentioned in the complaint but the issue was raised in the pleadings.

Question Presented (AI Summary)

Whether a District Court can nullify an existing diversity jurisdiction by doing sua sponte conversion of one of Plaintiff's two witnesses into Plaintiff's second Defendant without a hearing or full briefing

Docket Entries

2023-05-01
Petition DENIED.
2023-04-12
DISTRIBUTED for Conference of 4/28/2023.
2023-04-04
Waiver of right of respondent Robert Brundage to respond filed.
2023-03-14

Attorneys

Ganiyu Jaiyeola
Ganiyu Ayinla Jaiyeola — Petitioner
Robert Brundage
Kathleen H. KlausMadden Hauser Roth and Heller PC, Respondent