KAMAU v. JOHNSON
4:25-cv-00233
N.D. Fla.May 20, 2025Background
- Plaintiff Diop Kamau filed a lawsuit in Florida state court alleging six state law causes of action, including fraud and defamation, against several defendants.
- Defendant Jonathan Johnson, representing himself, removed the case to the U.S. District Court for the Northern District of Florida, asserting diversity jurisdiction and an amount in controversy exceeding $75,000.
- The complaint states Kamau resides in Florida and alleges that defendants are residents of other states, but did not clearly plead all parties' residency.
- Court records and judicial notice revealed two key defendants (Thiagarajah and Bellwether Law, PLLC) are actually Florida residents/entities.
- The court identified the potential lack of complete diversity and questioned its subject-matter jurisdiction, ordering the parties to show cause why the case should not be remanded to state court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of Diversity Jurisdiction | Alleges all other defendants are out-of-state | Removal proper based on alleged diversity | No diversity if any defendant is Florida resident |
| Timeliness of Removal | – | Removal filed within 30 days of complaint receipt | Notice of removal was timely |
| Subject-Matter Jurisdiction (Federal) | No assertion; raises state law claims only | Asserts federal jurisdiction based on diversity | Court must independently verify jurisdiction |
| Remand to State Court | May seek remand if diversity is lacking | Opposes remand, seeks federal adjudication | Show cause order issued; remand possible |
Key Cases Cited
- Arbaugh v. Y&H Corp., 546 U.S. 500 (courts have an independent obligation to determine subject-matter jurisdiction)
- MacGinnitie v. Hobbs Grp., LLC, 420 F.3d 1234 (complete diversity required; no plaintiff can be a citizen of the same state as a defendant)
