Jeffrey Malkan v. Omni Hotels Management Corpora

NOT FOR PUBLICATION FILED

UNITED STATES COURT OF APPEALS OCT 21 2021

MOLLY C. DWYER, CLERK

U.S. COURT OF APPEALS

FOR THE NINTH CIRCUIT

JEFFREY MALKAN; SUSAN MALKAN, No. 21-15067

Plaintiffs-Appellants, D.C. No. 4:20-cv-00060-JGZ

v.

MEMORANDUM*

OMNI HOTELS MANAGEMENT

CORPORATION,

Defendant-Appellee.

Appeal from the United States District Court for the District of Arizona Jennifer G. Zipps, District Judge, Presiding

Submitted October 12, 2021**

Before: TALLMAN, RAWLINSON, and BUMATAY, Circuit Judges.

Jeffrey Malkan and Susan Malkan appeal pro se from the district court’s

judgment dismissing their diversity1 action alleging tort claims under Arizona law.

* This disposition is not appropriate for publication and is not precedent except as provided by Ninth Circuit Rule 36-3. ** The panel unanimously concludes this case is suitable for decision without oral argument. See Fed. R. App. P. 34(a)(2). 1 The district court erred in finding that the amount in controversy requirement for diversity jurisdiction was not met. See Naffe v. Frey, 789 F.3d 1030, 1040 (9th Cir. 2015) (in order to…