SMJ:
Mesa’s 12(b)(1) - SMJ
● Timely? Yes. Never waivable, no deadline.
● OJ?
○ FQ = Fed claim?
○ DIV = state law claim, completely diverse parties + AIC?
○ AIC > $75,000?
○ OJ over this claim?
● SJ for PL v. Mesa?
○ OJ Diversity over PLv. Canyon.
○ PL v. Mesa shares CNOF with DIV claim?
○ Even if CNOF, 1367(b) diversity exception applies.
■ OJ based solely on diversity
■ Addition of SJ claim would destroy complete diversity, so SJ not allowed.
○ 1367(c) – none of the factors are relevant. Court has no discretion to keep the SJ
claim because it violates 1367(b).
● GRANT the motion for Mesa. [Practical point – court could sever and dismiss claim
against Mesa, leaving the Canyon claim, or could ask plaintiff to amend the complaint
and voluntarily drop Mesa because of the ruling…we’ll deal with these aspects next
semester. The main point here is the federal court cannot hear the claims against Mesa
and the claims against Canyon in the same case because it has no power to decide the
claims against Mesa.]