Li Ching Chu v. Tribal Technologies, Inc.

MEMORANDUM

Li Ching Chu and Robert Ching Liang Hung (“Plaintiffs”), as individuals and as successors in interest to their daughter, Cindy Hung (“decedent”), appeal the district court’s dismissal of their action against defendants Tribal Technologies, Inc., Tribal Brands, Inc., and several named individuals. We have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

1. The district court correctly determined that Plaintiffs failed to allege the facts necessary to establish complete diversity as required by 28 U.S.C. § 1332 . See McNutt v. Gen. Motors Acceptance Corp. of Ind., 298 U.S. 178, 182 , 56 S.Ct. 780 , 80 L.Ed. 1135 (1936). The complaint alleges that Plaintiffs are citizens of Taiwan, but is silent on their domicile and legal status in the United States. To establish diversity jurisdiction for Plaintiffs’ individual claims, they also must allege that they are not lawfully admitted permanent residents domiciled in the same state as any defendant. 28 U.S.C. § 1332 (a)(2). For Plaintiffs’ successors-in-interest claims, they are “deemed to be a citizen only of the same State as the decedent.” 28 U.S.C. § 1332 (c)(2). Plaintiffs failed to allege any facts about the…