United States District Court, E.D. Wisconsin
Stadtmueller U.S. District Judge
December 12, 2016, the defendant filed a motion to dismiss
the plaintiff's complaint. (Docket #5). The plaintiff
submitted her response to the motion on January 3, 2017.
(Docket #11). The current briefing makes it clear that the
Court lacks subject matter jurisdiction to hear this matter,
and so the motion must be granted. Federal courts are courts
of limited jurisdiction, and may only hear cases in two
primary categories: 1) those raising issues of federal law,
known as “federal question” jurisdiction, and 2)
those between parties who are citizens of different states
and which involve an amount in controversy exceeding $75,
000.00, known as “diversity” jurisdiction.
See 28 U.S.C. §§ 1331 and 1332(a).
plaintiff has not properly invoked either form of
jurisdiction. Her complaint alleges that she fell while
working in the defendant's facility and suffered lasting
injuries. (Docket #1 at 2-3). This claim implicates no
federal law or the United States Constitution, but is instead
a simple negligence claim based in state law. Diversity is
also lacking. The plaintiff pleads, and the defendant
confirms, that they are both citizens of Wisconsin. (Docket
#1 at 1 and #6 at 3).
plaintiff's only response to the jurisdiction issue is
First off, in regards to the defendant's claim that the
Court lacks jurisdiction, the plaintiff has always sought to
have her case heard in the [sic] court of law for the last
eighteen years, and was always manipulated and stopped while
her medical condition was declining more and more, including
filing with the Federal Court in 2007.
(Docket #11 at 1). This statement has no bearing on whether
her claims are based in federal law or on the citizenship of
the parties, and so is of no moment to the Court's
findings on subject matter jurisdiction. In light of the
foregoing, the plaintiff's complaint must be dismissed
for want of jurisdiction.
IT IS ORDERED that the defendant's motion to dismiss
(Docket #5) be and the same is hereby GRANTED; and
FURTHER ORDERED that this action be and the same is hereby