Miah v. Morgan Stanley & Co. International PLC

Background

Habib Miah, proceeding without a lawyer, sued Morgan Stanley & Co. International PLC and Eaton Vance Management International Ltd. He alleged that the defendants withdrew an employment offer and breached a contract. Miah filed the action in the District of Massachusetts, and the case was transferred to the Southern District of New York on April 30, 2025.

Report and objections

The defendants moved to dismiss for lack of subject-matter jurisdiction, meaning that the federal court lacked legal authority to hear the case. A magistrate judge recommended granting the motion because Miah and Morgan Stanley are aliens for purposes of diversity jurisdiction. The court explained that having an alien on both sides of the case defeats diversity jurisdiction.

Miah objected to the recommendation, moved to shift the evidentiary burden and obtain jurisdictional discovery, and moved to apply additional legal tests. He primarily referred to earlier filings rather than identifying specific findings in the recommendation or citing supporting legal authority. The court reviewed the recommendation for clear error and found none. It also stated that Miah’s later objection was filed too late to be considered under the applicable rule.

Ruling

The court adopted the magistrate judge’s recommendation in full and granted the defendants’ motion to dismiss for lack of subject-matter jurisdiction. The dismissal was without prejudice to Miah’s right to pursue his claims in a court of competent jurisdiction. The court also concluded that Miah had not made the required showing of denial of a federal right, certified that any appeal would not be taken in good faith, and denied permission to appeal without paying filing fees. Judge Paul A. Engelmayer signed the order.