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U.S. Const. Article III. Section. 2.
The judicial Power shall extend to all Cases , in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;... --to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;--between a State and Citizens of another State;--between Citizens of different States,-- between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.
28 U.S.C. § 1367. - Supplemental
jurisdiction
(b) In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title , the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure , or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules , when exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332.
- P (a citizen of New York) sues D (a citizen of Texas) for battery in the Federal District Court for the District of New Jersey.
- P’s suit concerns a brawl between P, D and X (a citizen of Illinois) that occurred in Chicago. P is asking for $100,000 damages for the loss of his eye. D counterclaims for $20,000 for his injuries in the brawl.
- P joins X under Rule 14 in response to D’s counterclaim. X makes a motion to dismiss P’s suit against X for lack of subject matter jurisdiction.
- Will X’s motion succeed or not succeed?
- Should it succeed or not succeed? Docsity.com
P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NY) who sues D for $25K.
P1(NY) P2(NY)
$100k $25k
D(NJ)
over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,
P1 (NY) sues D (NJ) under state law battery for $100k and joins with P2 (NJ) who sues D for $100K.
P1(NY) P2(NJ)
$100k $100k
D(NJ)
over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,
P (NY) sues D1 (NJ) for state law battery
asking $100k and D2 (NY) asking $100K.
P(NY)
$100k $100k
D1(NJ) D2(NY)
over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under Rule 19 of such rules, or seeking to intervene as plaintiffs under Rule 24 of such rules,
Discovery & Disclosure
R 26(a)(1)(A)(i) “the name and, if
known, the address and telephone
number of each individual likely to
have discoverable information —
along with the subjects of that
information — that the disclosing
party may use to support its claims
or defenses, unless the use would
be solely for impeachment”
(ii) a copy—or a description by category
and location—of all documents,
electronically stored information, and
tangible things that the disclosing party
has in its possession, custody, or control
and may use to support its claims or
defenses, unless the use would be solely
for impeachment;
R 26(a)(3) Pretrial Disclosures. (A) In General. In addition to the disclosures required by Rule 26(a)(1) and (2), a party must provide to the other parties and promptly file the following information about the evidence that it may present at trial other than solely for impeachment: (i) the name and, if not previously provided, the address and telephone number of each witness — separately identifying those the party expects to present and those it may call if the need arises; (ii) the designation of those witnesses whose testimony the party expects to present by deposition and, if not taken stenographically, a transcript of the pertinent parts of the deposition; and (iii) an identification of each document or other exhibit, including summaries of other evidence — separately identifying those items the party expects to offer and those it may offer if the need arises. (B) Time for Pretrial Disclosures; Objections. Unless the court orders otherwise, these disclosures must be made at least 30 days before trial. Within 14 days after they are made, unless the court sets a different time, a party may serve and promptly file a list of the following objections: any objections to the use under Rule 32(a) of a deposition designated by another party under Rule 26(a)(3)(A)(ii); and any objection, together with the grounds for it, that may be made to the admissibility of materials identified under Rule 26(a)(3)(A)(iii). An objection not so made — except for one under Federal Rule of Evidence 402 or 403 — is waived unless excused by the court for good cause.
discovery
26(b)(1): Parties may obtain discovery regarding any nonprivileged matter that is relevant to any party’s claim or defense — including the existence, description, nature, custody, condition, and location of any documents or other tangible things and the identity and location of persons who know of any discoverable matter. For good cause, the court may order discovery of any matter relevant to the subject matter involved in the action. Relevant information need not be admissible at the trial if the discovery appears reasonably calculated to lead to the discovery of admissible evidence.
26(b)(2)(C) When Required. On motion or on its own, the court must limit the frequency or extent of discovery otherwise allowed by these rules or by local rule if it determines that: (i) the discovery sought is unreasonably cumulative or duplicative, or can be obtained from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity to obtain the information by discovery in the action; or (iii) the burden or expense of the proposed discovery outweighs its likely benefit, considering the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the action, and the importance of the discovery in resolving the issues.
