Khalifa v. Willoughby
- Jesse Furman
- 1:24-cv-09559
- U.S. District Court · Southern District of New York
- 2
In Khalifa v. Willoughby, Judge Furman ordered Khalifa to amend jurisdiction allegations or face dismissal without prejudice.
Moamen Khalifa must amend the complaint to establish federal subject-matter jurisdiction; the defendants are affected because the case may be dismissed without prejudice if he cannot do so.
What happened
In Khalifa v. Willoughby, Moamen Khalifa claimed federal jurisdiction based on the parties’ citizenship and an amount in dispute exceeding $75,000. The complaint did not state Vasyl Slipenchuk’s citizenship and gave only a general allegation about the amount at stake.
The court ordered Khalifa to amend the complaint by January 6, 2025, to address both problems. The complaint seeks damages and legal fees but does not explain the value of the claim.
Judge Jesse M. Furman warned that if Khalifa cannot establish the court’s authority over the case, the complaint will be dismissed without prejudice and without further notice.
The detailed version
- Khalifa v. Willoughby · No. 1:24-cv-09559
- Jesse Furman
- Dec. 19, 2024
Background
Moamen Khalifa’s complaint asserted subject-matter jurisdiction based on diversity of citizenship. Diversity jurisdiction generally requires complete diversity among the parties and an amount in controversy exceeding $75,000.
Jurisdictional deficiencies
The court identified two problems with the complaint’s jurisdictional allegations. First, the complaint did not allege Defendant Vasyl Slipenchuk’s citizenship. Second, it stated only conclusorily that the amount in controversy exceeded $75,000. Although Khalifa requested compensatory damages, punitive damages, and reasonable attorneys’ fees, costs, and expenses, the complaint did not state the value of the claim or facts supporting the jurisdictional amount.
Order
The court ordered Khalifa to amend the complaint by January 6, 2025, to remedy these deficiencies. The court did not dismiss the complaint at this stage. It stated that if Khalifa is unable to amend the complaint to establish subject-matter jurisdiction, the complaint will be dismissed without prejudice and without further notice to any party.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.