Greer v. Fox Corporation

Background

Pro se plaintiff Steven E. Greer sued Tucker Carlson and other defendants. His original and corrected complaints asserted a federal copyright claim and six state-law claims. His amended complaint asserted six state-law causes of action against eighteen defendants and relied on diversity of citizenship for subject-matter jurisdiction. The opinion states that the amended complaint did not allege a federal claim that could support supplemental jurisdiction over the state-law claims.

The moving defendants filed a motion under Federal Rule of Civil Procedure 12(b)(1), which permits dismissal for lack of subject-matter jurisdiction. They argued that diversity was absent because Greer and Carlson were both Florida citizens and because Strasberg was a United States citizen domiciled abroad. Greer moved for jurisdictional discovery so he could oppose that motion, and separately asked the court to stay proceedings on the motion to dismiss until the discovery issue was resolved. The opinion states that the stay request became moot when the discovery motion was decided.

Domicile and Jurisdictional Discovery

For diversity jurisdiction, the court explained that the parties must be citizens of different states, with no plaintiff sharing state citizenship with any defendant. Citizenship depends on domicile when the action begins. Domicile requires both residence in a place and an intent to remain there; a person can have only one domicile at a time.

Greer alleged that he was living in Florida. He alleged that Carlson primarily lived in Washington, D.C., and that Strasberg, a United States citizen, had moved from a last known New Jersey address to London. Carlson stated that he had resided in Florida since January 1, 2020, regarded Florida as his permanent residence, owned a Florida home, paid Florida taxes, held a Florida driver’s license, and was registered to vote there. He also stated that he had purchased the Florida home, sold his Washington, D.C., home, and moved personal items from Washington, D.C., to Florida.

Strasberg stated that she had lived in the United Kingdom since September 2013, regarded it as her permanent residence, and worked from The Wall Street Journal’s London offices. She also described her United Kingdom property, taxes, health-care registration, car, and driver’s license. The court noted that United States citizens domiciled abroad generally cannot establish diversity jurisdiction under the cited statute.

The court found that Greer had made a sufficient start toward establishing jurisdiction. As to Carlson, Greer met his burden concerning Carlson’s initial domicile in Washington, D.C., and Carlson therefore had to show that he abandoned that domicile for Florida. As to Strasberg, Greer met his burden concerning her initial domicile in the United States, and Strasberg had to show that she abandoned it for a United Kingdom domicile. The court concluded that limited discovery was appropriate before deciding whether Carlson and Strasberg met those burdens.

Scope and Disposition

The court limited discovery to no more than 15 document requests and 15 interrogatories for each of Carlson and Strasberg. It permitted redaction of personally identifiable and other irrelevant or sensitive information, including the purchase price of Carlson’s home. The court also ordered the parties to submit a proposed protective order allowing confidential materials to be designated and filed under seal.

The court ordered Greer to serve the limited discovery by October 23, 2020, and required Carlson and Strasberg to respond and produce responsive documents by November 9, 2020. It set deadlines for resolving discovery disputes and for the parties’ filings on the motion to dismiss. Greer also had to submit an affidavit or declaration establishing his domicile, with supporting proof, when opposing the dismissal motion.

The court granted in part and denied in part Greer’s motion for jurisdictional discovery. It did not rule on the defendants’ motion to dismiss for lack of subject-matter jurisdiction. The opinion is signed by Stewart D. Aaron, United States Magistrate Judge.