Upon due consideration of the motion, the response thereto, and the exhibits submitted by the parties, the court is prepared to rule. The defendant is the sole proprietor of Liles Motor Company, an unincorporated enterprise, and conducts his automobile business in Memphis, Tennessee. The sole basis for jurisdiction is diversity of citizenship. The plaintiff alleges that the defendant is a resident and domiciliary of the State of Tennessee. The defendant filed the present motion contesting that assertion, stating that he is a resident of Panola County and domiciliary of the State of Mississippi and thus no diversity exits.
Diversity of citizenship is determined at the commencement of a lawsuit.
The burden of proof is on the party invoking federal jurisdiction. The defendant has produced evidence in support of his contention that he is a domiciliary of Mississippi. This evidence is not contradicted by the plaintiff. Furthermore, the defendant attaches an affidavit which states that he is presently and was at the time of the filing of this lawsuit a resident citizen of and is domiciled in the State of Mississippi. It was also his intention to maintain his Mississippi domicile indefinitely.