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No Diversity Jurisdiction Even Though Plaintiff Only Lived in PA for 11 Days.

May 25th, 2017

In Corrrado v. Timber Ridge Health Care Ctr., 3:17-CV-123, 2017 WL 2288858, (M.D. Pa. May 25, 2017), the Court dismissed a suit over a nursing home death due to a lack of subject matter jurisdiction because the parties were both residents of Pennsylvania.

The Court determined that there was no diversity of citizenship between the parties, despite the fact that Plaintiff was only in the Pennsylvania nursing home for eleven days prior to her death, because Plaintiff taken up residence in Pennsylvania and intended to remain there.

Defendant submitted records indicating that Plaintiff had moved from Florida to Pennsylvania in order to be closer to her family, Plaintiff planned to live at the facility “long-term,” and that her husband was in the process of moving to Pennsylvania from Florida as well.  Opinion by U.S. District Judge Richard P. Conaboy

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