5:26-cv-04016•Rodriguez et al v. Miller et al
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS JESUS RODRIGUEZ AND PEYTON HEINS, Plaintiffs v. JOE MILLER AND JOSHUA MILLER, Defendants. Case No. 26-4016-DDC-BGS REPORT & RECOMMENDATION ON DEFENDANTS’ MOTION FOR LEAVE TO FILE AMENDED NOTICE OF REMOVAL AND ORDER DENYING REQUEST FOR LIMITED JURISDICTIONAL DISCOVERY Now before the Court is Defendants’ Motion for Leave to File Amended Notice of Removal and Request for Limited Jurisdictional Discovery. (Doc. 16.) Therein, Defendants assert that the requested amendment “corrects and clarifies factual allegations supporting that jurisdictional basis and provides additional facts relevant to whether Plaintiff Peyton Heins is a nominal party whose citizenship should be disregarded in determining diversity jurisdiction.” (Id., at 1.) Plaintiffs have responded in opposition to Defendants’ motion and Defendants have replied. (Docs. 18, 19.) For the reasons set forth below, the Court DENIES Defendants’ request to conduct “limited” jurisdictional discovery and recommends to the District Court that Defendants’ motion to amend the notice of removal be DENIED. 1 I. Factual Background. Plaintiffs filed their Petition for Damages against Defendants Joe Miller and Josh Miller in the District Court of Lyon County, Kansas, on December 18, 2025. (Doc. 4, at 1.) The land at issue 1 Defendants have also requested oral argument pursuant to D. Kan. Rule 7.2. (Doc. 16, at 7.) This request is also DENIED as it would not materially assist the Court in resolving the issues herein. Rather, the Court is able to resolve the issues based on the parties’ briefing. Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 1 of 14
2 is owned by Plaintiff Jesus Rodriguez and is farmed by Plaintiff Heins; it adjoins land owned by Defendants Joe and Joshua Miller. (Id.) In the state Petition, Plaintiffs sought damages against the Defendants for $25,000 arising from the Defendants’ livestock ongoing destruction of a substantial amount of crops planted by Heins on the land in question. (Id., at 1-6.) In their state court Answer, Defendants bring counterclaims against Plaintiffs for abuse of process, trespass, defamation, wrongful initiation of a criminal proceeding, interference with property and livestock, and civil conspiracy. (Id., at 32-49.) Defendants seek damages in excess of $75,000. (Id., at 47.) Defendants removed this action to federal court on February 5, 2026, alleging diversity of citizenship as the jurisdictional basis stating that “[p]ursuant to 28 U.S.C. § 1332, this Court has jurisdiction over this action because it is between citizens of different states, and the amount in controversy is greater than $75,000, exclusive of interest and costs.” (Doc. 1). Because the notice of removal suggested that Plaintiff Heins and Defendant Joshua Miller may both be citizens of Kansas, which would destroy diversity, the Court directed the parties to file 7.1(a)(2) diversity disclosure statements. Plaintiffs’ disclosure statement confirms that Plaintiff Rodriguez is a citizen of Florida and that Plaintiff Heins is a citizen of Kansas. (Doc. 9). Defendants’ disclosure statement confirms that Defendant Joe Miller is a citizen of Alaska and Defendant Joshua Miller is a citizen of Kansas. (Doc. 6). Plaintiffs subsequently filed a motion to remand the case back to state court. (Doc. 10.) Therein, Plaintiffs argue that this Court lacks subject matter jurisdiction on two grounds: first, there is not complete diversity because Plaintiff Heins and Defendant Joshua Miller are both citizens of Kansas; and second, that the amount in controversy does not exceed $75,000. (Id., at 4-6.) Plaintiffs have also filed a motion to dismiss Defendants’ counterclaims for failure to state a claim on which relief may be granted. (Doc. 11.) Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 2 of 14
3 In the present motion to amend the notice of removal, Defendants argue that the $75,000 amount in controversy has been met, that Plaintiff Heins is a “nominal party whose citizenship should be disregarded in determining diversity jurisdiction.” (Doc. 16, at 1.) They also request the Court to “permit limited jurisdictional discovery concerning the participation and interests of Plaintiff Peyton Heins in this action.” (Id., at 1.) II. Legal Standard. “A defendant may remove a civil action to federal court if the plaintiff originally could have filed suit in federal court.” Christenson Media Group, Inc. v. Lang Industrs., Inc., 782 F. Supp. 2d 1213, 1215 (D. Kan. 2011) (citing 28 U.S.C. § 1441(a) and Cunningham v. BHP Petroleum Great Britain PLC, 427 F.3d 1238, 1244-45 (10th Cir. 2005)). The notice of removal must contain “a short and plain statement of the grounds for removal.” See § 1446(a). By design, § 1446(a) tracks the general pleading requirement stated in Rule 8(a) of the Federal Rules of Civil Procedure. See 14C C. Wright, A. Miller, E. Cooper, & J. Steinman, Federal Practice and Procedure § 3733, pp. 639–641 (4th ed. 2009)[.] … Congress, by borrowing the familiar ‘short and plain statement’ standard from Rule 8(a), intended to ‘simplify the ‘pleading’ requirements for removal’ and to clarify that courts should ‘apply the same liberal rules [to removal allegations] that are applied to other matters of pleading.’ H. R. Rep. No. 100–889, p. 71 (1988). Dart Cherokee Basin Op. Co., LLC v. Owens, 574 U.S. 81, 87, 135 S.Ct. 547, 553, 190 L.Ed.2d 495 (2014). Removal statutes are to be narrowly construed. Pritchett v. Office Depot, Inc., 420 F.3d 1090, 1094–95 (10th Cir. 2005). Further, “there is a presumption against removal jurisdiction” and doubts as to removal are to be resolved in favor of remand. Laughlin v. Kmart Corp., 50 F.3d 871, 873 (10th Cir. 1995); Fajen v. Foundation Reserve Ins. Co., 683 F.2d 331, 333 (10th Cir. 1982). Federal courts have original diversity jurisdiction over all actions between “citizens of different States” where the amount in controversy exceeds $75,000, exclusive of interest and costs. Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 3 of 14
4 28 U.S.C. § 1332(a); see also CTR Partnership, L.P. v. Prairie Ridge Health & Rehabilitation, LLC, No. 25- 2331-JWB, 2026 WL 201156, *3 (D. Kan. Jan. 27, 2026). Where removal is based on diversity of citizenship under § 1332, the notice must set forth the citizenship of each party so the court can determine whether complete diversity exists. Parsons v. National Interstate Insurance Co., 544 F.Supp.3d 1202, 1205 (D. Utah 2021). “Diversity jurisdiction requires complete diversity – no plaintiff may be a citizen of the same state as any defendant.” Grynberg v. Kinder Morgan Energy Partners, L.P., 805 F.3d 901, 905 (10th Cir. 2015) (emphasis added). Thus, the court must consider each litigant’s state of citizenship to determine whether diversity jurisdiction exists. 28 U.S.C. § 1332(a). “Where, as here, the issue is determined on the basis of the pleadings and affidavits, that burden may be met by a prima facie showing.” CTR Partnership, L.P., 2026 WL 201156, *3 (quoting IMM, LLC v. Plankk Techs. Inc., No. 19-cv-02629-CMA, 2020 WL 902320, at *2 (D. Colo. Feb. 25, 2020)). Under 28 U.S.C. § 1447(c), there are “two types of improperly removed cases: those in which the federal court has no subject matter jurisdiction and those with defects in the removal procedure itself.” Christenson Media Group, 782 F. Supp. at 1216 (citation omitted). While a “defect in subject matter jurisdiction is never waived and can be raised at any time[,] … [a] procedural defect does not involve subject matter jurisdiction and may be waived if a party fails to object within 30 days after removal. Id.2 The lack of complete diversity between the parties would be a substantive defect in jurisdiction that cannot be waived. Under 28 U.S.C. §1653, “[d]efective allegations of jurisdiction may be amended, upon terms, in the trial or appellate courts.” In other words, this section allows a party to amend defective 2 Plaintiffs’ motion to remand (Doc. 10) was filed within 30 days of the notice of removal; this motion raises the $75,000 threshold issue. Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 4 of 14
5 jurisdictional allegations when such amendment would cure the deficiency. See Jenkins v. MTGLQ Investors, 218 F. App’x 719, 723 (10th Cir. 2007). “Without questioning that removal requirements should be strictly applied, the statute authorizing correction of defects by amendment to conform to the true facts should not be dissipated in the process, but should be given practical effect in accordance with its apparent intent.” Hendrix v. New Amsterdam Cas. Co., 390 F.2d 299, 301-02 (10th Cir. 1968). “To be unduly restrictive in determining ‘defects’ amendable under the statute in removal proceedings in principle would preclude the practical correction of similar inadvertences in proceedings originally brought in the federal courts, since the statute concerning amendments pertains to both.” Id., at 302 (citation omitted). The United States Supreme Court has clarified that §1653 “addresses only incorrect statements about jurisdiction that actually exists, and not defects in the jurisdictional facts themselves.” Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826, 831, 109 S. Ct. 2218, 2222, 104 L.Ed.2d 893 (1989). III. Analysis. Defendants’ motion to amend the removal notice results from Plaintiffs filing their motion to remand. (Doc. 10.) Therein, Plaintiffs allege Defendants have improperly removed the present case for two reasons – because the amount in controversy in insufficient and there is not complete diversity between the parties. (See generally id.) In support of their motion to amend the notice of removal, Defendants raise two arguments: 1) the proposed amendment “does not change the jurisdictional basis for removal” (Doc. 16, at 2) and 2) Plaintiff Peyton Heins is a “nominal party,” thus his citizenship should not control a determination of diversity (id., at 4). Defendants have also requested the Court allow limited jurisdictional discovery. (Id., at 5-6.) A. Plaintiff Peyton Heins is Not a “Nominal Party.” Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 5 of 14
6 Defendants seek leave to amend their removal notice to “clarify facts demonstrating that Plaintiff Peyton Heins is likely a nominal party whose citizenship should not be considered in determining diversity jurisdiction.” (Doc. 16, at 4.) As discussed above, the Tenth Circuit has long held that defendants may remedy defects in their notice of removal. See Lopez v. Denver & Rio Grande W. R.R. Co., 277 F.2d 830, 832 (10th Cir. 1960); Jenkins, 218 F. App’x. at 723. The Tenth Circuit also reasons that disallowing amendments to the notice of removal when the defendant makes simple errors in its jurisdictional allegations “would be … too prone to equate imperfect allegations of jurisdiction with the total absence of jurisdictional foundations, and would tend unduly to exalt form over substance … over the orderly disposition of cases properly committed to federal courts.” Hendrix v. New Amsterdam Cas. Co., 390 F.2d 299, 301 (10th Cir. 1968). In Hendrix, the Tenth Circuit noted that amendable, simple errors in jurisdictional allegations include failing to include a party corporation’s principal place of business or referring to an individual party’s state of residence rather than their citizenship. Id. There are, however, limits to those defects that may be cured by an amended notice of removal: [A]n amendment of the removal notice may seek to accomplish any of several objectives. It may correct an imperfect statement of citizenship, state the previously articulated grounds more fully, or clarify the jurisdictional amount. In most circumstances, however, defendants may not add completely new grounds for removal or furnish missing allegations, even if the court rejects the first-proffered basis of removal, and the court will not, on its own motion, retain jurisdiction on the basis of a ground that is present but that defendants have not relied upon. 14 Wright & Miller's Federal Practice and Procedure § 3733 (rev. 4 th ed. 2020)(footnotes omitted). Professor Moore similarly recognizes that “amendment may be permitted after the 30-day period if the amendment corrects defective allegations of jurisdiction, but not to add a new basis for removal jurisdiction.” 16 Moore’s Federal Practice § 107.30[2][a][iv], at 107-317 to -18 (3d ed. 2013). Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 6 of 14
7 Therefore, when a defendant removes a case to federal court on the basis of diversity jurisdiction, a court may allow that defendant to amend the removal notice, if necessary, “to allege fully facts that satisfy, requirements by a preponderance of the evidence, diversity jurisdiction’s requirements.” Lopez v. Vega, 2025 WL 2083316, at *9 (D. N.M. July 24, 2025) (citation omitted). In other words, in amending a removal notice, a defendant may not assert a new basis for jurisdiction or set forth a new allegation not present in the original removal notice; instead the amended notice may merely present greater detail as to the same basis for jurisdiction originally asserted. Id. (citation omitted). The amended basis for jurisdiction set forth by Defendants is that Plaintiff Heins is a “nominal party” whose citizenship need not be considered for diversity purposes. (Doc. 16, at 4-5.) It is well-established in the Tenth Circuit that “ ‘the ‘citizens’ upon whose diversity a plaintiff grounds jurisdiction must be real and substantial parties to the controversy. Thus, a federal court must disregard nominal or formal parties and rest jurisdiction only upon the citizenship of real parties to the controversy.’ ” Lenon v. St. Paul Mercury Ins. Co., 136 F.3d 1365, 1368 (10th Cir. 1998) (quoting Navarro Savings Association v. Lee, 446 U.S. 458, 461-62, 100 S.Ct. 1779, 1782, 64 L.Ed.2d 425 (1980)). This District has previously noted that a “federal court sitting in diversity must look to state law to determine whether a plaintiff is the real party in interest.” Rainbow Communs., LLC v. Landover Wireless Corp., No. 19-2187-JAR-GEB, 2019 WL 3239348, at *3 (D. Kan. July 18, 2019) (citing K–B Trucking Co. v. Riss Int’l Corp., 763 F.2d 1148, 1153 (10th Cir. 1985) (citations omitted)). “Under Kansas law, a real party in interest possesses the right sought to be enforced.” Id. (citing Atkins v. Heavy Petroleum Partners, LLC, 86 F. Supp. 3d 1188, 1201 (D. Kan. 2015), United States v. Aetna Cas. Co., 338 U.S. 366, 381, 70 S.Ct. 207, 215, 94 L.Ed. 171 (1949), and Weaver v. Emp’rs Fire Ins. Co., No. 88-1189-C, 1989 WL 46263, at *1 (D. Kan. April 10, 1989)). Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 7 of 14
8 In support of this requested relief, Defendants have submitted an affidavit of Defendant Joshua Miller, who describes Defendants’ “lack of contact or interaction” with Plaintiff Heins. (Doc. 14-1.) For instance, Defendant Miller indicates he “do[es] not know Plaintiff and Counterclaim Defendant Peyton Heins (“Mr. Heins”), [has] never talked to Mr. Heins, and to [his] knowledge [has] never had any contact with Mr. Heins.” (Id., at 1.) Defendant Miller continues that “[o]ther than [Heins’] name appearing on the lawsuit, [he is] not aware that he had made any effort to contact either Defendant in this case.” (Id.) Defendants continue that [t]he facts presently before the Court strongly suggest that Plaintiff Heins has little or no direct involvement in the core dispute underlying this litigation. … Other than Mr. Heins’ name appearing in the lawsuit, Defendants are unaware of any involvement by Mr. Heins in the events forming the basis of Plaintiffs’ claims. … Mr. Heins has never made any demand, complaint, or communication to Defendants concerning the alleged crop damage referenced in the Complaint. … [T]he allegations in the Complaint … contain no factual allegations describing any independent actions taken by Mr. Heins … [.] … Defendants are unaware of any specific loss personally incurred by Mr. Heins as a result of the conduct alleged in the Complaint. The pleadings identify generalized allegations concerning crop damage but do not identify any independent injury suffered by Mr. Heins apart from the claims advanced jointly with Rodriguez. Finally, the conduct of the litigation suggests that the dispute is being directed by Rodriguez. All communications between counsel concerning the dispute have focused on Rodriguez’s allegations and interests. (Doc. 16, at 4-5.) Plaintiffs respond that Mr. Heins’ verified Petition alleges that he is the tenant farmer for Rodriguez’s property at issue. Defendants do not dispute or put forth any basis to dispute that Mr. Heins is the tenant farmer. Plaintiffs’ verified Petition demonstrates numerous photographs of Defendants’ goats grazing in the beans on Rodriguez’s property that Mr. Heins planted. Mr. Rodriguez lives in Florida and did not plant the beans. It is unclear why Defendants argue Mr. Heins would not have an interest in recovering the loss of his beans or protecting himself from future destruction of his crops. (Doc. 18, at 2-3.) Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 8 of 14
9 “[A] party invoking diversity jurisdiction bears the burden of proving its existence by a preponderance of the evidence.” Middleton v. Stephenson, 749 F.3d 1197, 1200 (10th Cir. 2014) (citing Mid-Continent Pipe Line Co. v. Whiteley, 116 F.2d 871, 873 (10th Cir.1940)). With this standard in mind, the Court finds that Defendants have failed to establish by a preponderance of evidence that Plaintiff Heins is a nominal party whose citizenship should not be considered in determining diversity jurisdiction. Rather, based on all of the evidence before the Court, it is clear that Plaintiff Heins is a real and substantial party to the controversy for purposes of this motion. Navarro Savings Association v. Lee, 446 U.S. at 461-62, 100 S.Ct. at 1782. The Court is unpersuaded by Defendants’ assertions that they have never communicated directly with Heins. The Court is at a loss to see how this would be determinative of Heins’ interest in the crops at issue, particularly when there is no dispute that Heins is the tenant farmer of the land in question. As such, it follows that Heins would have been negatively impacted by the alleged trespass at issue wherein it is alleged that “significant amounts” of the cash crops he planted have been destroyed. (See Doc. 4, at 2.) Thus, based on the information before the Court, Plaintiff Heins has a “real and substantial interest” in the outcome of this litigation and, as such, he is not a nominal party to this litigation. Rather, he has substantive rights at issue in this litigation, making him a real party in interest. Cf. Rainbow Communs., LLC, 2019 WL 3239348, at *4 (holding that a party with the substantive right to enforce the obligations of another entity under an operating agreement is a real party in interest, rather than a nominal party). His citizenship is both relevant and necessary to the diversity jurisdiction analysis herein. Thus, the requested amendment would not cure a mere procedural defect, or clarify incorrect information, as to jurisdiction in the notice of removal. Rather, there is a lack of complete diversity between the parties which is substantive in nature and cannot be waived Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 9 of 14
10 or corrected through an amendment. Christenson Media Group, 782 F. Supp. at 1216 (citation omitted). Because Defendants have alleged that Plaintiff Heins and Defendant Joshua Miller are both citizens of Kansas (see Doc. 6), the Court finds that complete diversity does not exist. The Court thus recommends 3 that Defendants’ motion to amend the removal notice (Doc. 16) should be denied as futile. See Baker v. PDC Energy, Inc., No. 14-2537-RM-MJW, 2014 WL 7445626, at *4 (D. Colo. Dec. 30, 2014) (citing Jenkins, 218 F. App’x at 723 (additional citation omitted) (denying as futile a motion to amend a notice of removal when the proposed amended notice of removal fails to establish diversity jurisdiction). The lack of complete diversity between Plaintiffs and Defendants independently requires denial of Defendants’ motion to amend the removal notice. Thus, the Court need not reach a determination on the issue of the amount in controversy as raised in Defendants’ motion. B. There is No Basis for the Court to Allow Jurisdictional Discovery. Because federal courts are courts of limited jurisdiction, “there is a presumption against … jurisdiction … .” Penteco Corp. P’ship – 1985A v. Union Gas Sys., Inc., 929 F.2d 1519, 1521 (10th Cir. 1991). As the party invoking federal jurisdiction via the removal of this case to federal court, Defendant bears the burden of proof to allege facts sufficient to show subject matter jurisdiction. Id. “The Court has an independent obligation to satisfy itself that subject matter jurisdiction is proper.” Guzman v. Well Health Labs LLC, No. 22-2229-JWB-RES, 2022 WL 17830765, at *3 (D. Kan. July 22, 2022) (citing Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2011)). If the 3 The issue of whether the notice of removal may be amended directly impacts Plaintiff’s Motion to Remand, currently pending before the District Court. (Doc. 10.) “[A] remand order is a final decision or dispositive action that must ultimately be made by the district court to survive Article III scrutiny.” First Union Mortg. Corp. v. Smith, 229 F.3d 992, 996 (10th Cir. 2000). Thus, the undersigned Magistrate Judge is issuing a recommendation on the present Motion to Amend the notice of removal. Cf id. Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 10 of 14
11 Court concludes that subject matter jurisdiction does not exist, the court “must dismiss the cause at any stage of the proceedings.” Penteco Corp. P’ship, 929 F.2d at 1521; see also Fed. R. Civ. P. 12(h)(3). As the party seeking discovery, Defendant has the burden to show good cause. See generally Guzman, 2022 WL 17830765. “District courts are endowed with broad discretion over discovery, including whether to grant discovery requests with respect to jurisdictional issues.” Dental Dynamics, LLC v. Jolly Dental Grp., LLC, 946 F.3d 1223, 1233 (10th Cir. 2020) (internal quotations and citations omitted); see also Gwilt v. Harvard Square Ret. & Assisted Living, 537 F. Supp. 3d 1231, 1250 (D. Colo. 2021) (“A district court has the authority to permit discovery in order for a party to prove diversity jurisdiction, yet such discovery is discretionary.”). “Courts typically exercise their discretion to deny discovery on diversity jurisdiction, holding that the party invoking the court’s jurisdiction must have a basis for so doing prior to filing suit.” Coates v. Ashley Bldg. Corp., Inc., No. 23-2142-HLT-ADM, 2023 WL 6199732, at *4 (D. Kan. Sept. 22, 2023). A court denying a jurisdictional discovery request may be an abuse of discretion where the party seeking discovery is prejudiced by the denial. Dental Dynamics, 946 F.3d at 1233 (citing Dutcher v. Matheson, 840 F.3d 1183, 1195 (10th Cir. 2016) and Sizova v. Nat'l Inst. of Standards & Tech., 282 F.3d 1320, 1326 (10th Cir. 2002)). Defendant, as the party seeking discovery, bears the burden of showing prejudice. See Breakthrough Mgmt. Grp., Inc. v. Chukchansi Gold Casino and Resort, 629 F.3d 1173, 1189 n.11 (10th Cir. 2010). The Court notes that Defendants do not discuss the issue of prejudice in their briefing. Defendants argue that “courts routinely permit” limited jurisdictional discovery where facts related to jurisdiction are in dispute or unclear. (Doc. 16, at 5.) They further assert that “[a]llowing limited discovery here will enable the Court to determine whether Plaintiff Heins is a real party in interest or merely a nominal party whose citizenship should be disregarded for purposes of diversity Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 11 of 14
12 jurisdiction.” (Id.) They continue that such discovery would be directed at the nature of Plaintiff Heins’ role and interest in this litigation including: • whether Plaintiff Rodriguez is funding or otherwise paying for the prosecution of this litigation; • the extent to which Plaintiff Heins is participating in or directing the prosecution of this lawsuit; • communications between Plaintiffs concerning the alleged damages forming the basis of the Complaint; • whether Plaintiff Heins possesses any ownership, leasehold, or crop-share interest in the soybean crop referenced in the Complaint; • whether Plaintiff Heins claims to have personally suffered any economic loss arising from the alleged crop damage; • the circumstances under which Plaintiff Heins became involved in this lawsuit; • whether Plaintiff Heins has entered into any agreements or business arrangements with Plaintiff Rodriguez relating to this lawsuit; and • whether Plaintiff Heins has entered into any agreements or business arrangements with Plaintiff Rodriguez relating to the property, crops, or subject matter of this litigation. (Id., at 6 (emphasis added).) As an initial matter, the Court has concerns as to whether this list of discovery topics should be considered “limited,” particularly given the list is modified by the word “including,” which implies that Defendants may wish to seek discovery on additional topics. Further, Defendants’ requested “jurisdictional” discovery is not concerned with the citizenship of Plaintiff Heins. Rather, the proposed topics listed focus on Heins’ business relationship with Plaintiff Rodriguez, his ownership in the crops that were alleged to have been destroyed, and attorney billing issues for this Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 12 of 14
13 litigation. In short, Defendants want to try to prove their unsupported allegation that Heins is a nominal party to this litigation. As the removing party, Defendant bears the burden to allege facts sufficient to establish subject matter jurisdiction. In the notice of removal, Defendant identified the “residences” of all related parties – which specifically identified Plaintiff Heins as a “resident” of Kansas and Defendant Joshua Miller as a “resident” of Kansas. (Doc. 1, ¶ 7). Defendant further stated that because “Plaintiff Rodriguez is a resident of the State of Florida, and Defendant Joe Miller is a resident of the State of Alaska, there is diversity of citizenship. . .” Id. It is clear that Defendants were not aware that complete diversity is required to remove an action to federal court, which means that no plaintiff may be a citizen of the same state as a defendant, which is the case here. Now that Defendants have been made aware of their error, they seek jurisdictional discovery in hopes they will learn some iota of information to support the unsubstantiated allegation that Heins should be treated as a nominal party. This is improper. See Village Townhomes v. Allied World Surplus Lines Ins. Co., No. 23-2369-JAR-BGS, 2023 WL 6931333, at *1 (D. Kan. Sept. 26, 2023) (denying jurisdictional discovery requested by a Defendant in a case removed to federal court); also see Guzman, 2022 WL 17830765, *5 (“[t]he Court will not grant leave for a jurisdictional fishing expedition . . .”). Moreover, even if such discovery were otherwise appropriate, it would serve no purpose here. The Court has already determined in Section A that Plaintiff Heins is a real and substantial party to this litigation — not a nominal party. See supra Section A. That finding is based on the fact that Heins is the tenant farmer of the land at issue and planted the very crops alleged to have been destroyed. The nominal-party question has been resolved. There is therefore no remaining jurisdictional issue that Defendants' proposed discovery could illuminate. As such, the Court DENIES Defendants’ request for jurisdictional discovery. Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 13 of 14
14 IT IS THEREFORE RECOMMENDED to the District Court that Defendants’ request to amend their notice of removal be DENIED as futile, because the lack of complete diversity between Plaintiff Heins and Defendant Joshua Miller, both citizens of Kansas, is a substantive jurisdictional defect that cannot be cured by amendment. IT IS FURTHER ORDERED that Defendants’ motion for jurisdictional discovery is DENIED. IT IS SO ORDERED. Dated this 15th day of April, at Wichita, Kansas. /s/Brooks G. Severson Brooks G. Severson United States Magistrate Judge Case 5:26-cv-04016-JMK-BGS Document 22 Filed 04/15/26 Page 14 of 14
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