Appeal from a judgment of the United States District Court for the District of Connecticut, Dominic J. Squatrito, Judge , dismissing complaint for lack of diversity jurisdiction. Vacated and remanded. Although Linardos's arguments are based on an erroneous view of a plaintiff's burden of proof with respect to subject matter jurisdiction, we vacate and remand for further proceedings to determine such jurisdiction. The plaintiff is a citizen of the State of Connecticut.
All defendants are citizens of the State of Connecticut.
Based on the foregoing, there is no diversity of citizenship between the parties, as required by 28 U.S.C.A. 1332. Linardos opposed the motion, arguing that diversity of citizenship is to be determined as of the time of the filing of the complaint, and pointing out that defendants' motion addressed his citizenship only at the time of the motion, not at the time the complaint was filed. Linardos also argued that he had no obligation to present facts showing his citizenship at the time of filing of the complaint, that he was entitled to rely on the jurisdictional allegation made in his complaint, and that the court was required to accept that allegation as true unless defendants presented evidence to the contrary. He made no factual presentation in opposition to the motion. However, it rejected his other contentions, and because Linardos failed to make any factual presentation, the court proceeded to draw inferences against him.