## Facts

- Stephen J. Redner (plaintiff) was a citizen of the United States who resided in France and was not a citizen of France.
- Sanders (defendant) was a corporation with its principal place of business in New York.
- Redner filed suit in federal court and invoked subject-matter jurisdiction based on diversity under 28 U.S.C. § 1332.
- Redner’s jurisdictional allegations described him as a “resident” of France rather than pleading state citizenship (domicile).
- To support a theory that he was a citizen of California, Redner pointed to ties to California, including a California driver’s license, a license to practice law in California, and ownership of a business located in California.
- The defendant moved to dismiss for lack of subject-matter jurisdiction under Federal Rule of Civil Procedure 12(b)(1).

## Issues

1. Whether a United States citizen who resides abroad and is not a citizen or subject of a foreign state can establish federal diversity jurisdiction under 28 U.S.C. § 1332.
2. Whether Redner’s asserted connections to California were sufficient to show California domicile (and thus California citizenship) for purposes of § 1332.

## Decision

- The court granted the Rule 12(b)(1) motion and dismissed the action for lack of subject-matter jurisdiction.
- The court concluded that Redner, as a U.S. citizen living in France without foreign citizenship, could not invoke alienage jurisdiction as a “citizen or subject of a foreign state.”
- The court further concluded that Redner did not establish California domicile; the cited items (such as licenses and business ownership) did not show that California was his fixed home while he lived in France.
- The dismissal was without prejudice.

## Legal Principles

- Diversity jurisdiction under 28 U.S.C. § 1332 depends on citizenship, not residence.
- For an individual, citizenship for § 1332 purposes is determined by domicile, which requires physical presence and intent to make the place a fixed home.
- A U.S. citizen domiciled abroad is not a citizen of any state for § 1332(a)(1) and, if not also a foreign citizen, cannot rely on § 1332(a)(2).
- When jurisdiction is challenged under Rule 12(b)(1), the party invoking federal jurisdiction bears the burden to prove the facts supporting jurisdiction, including domicile where it is disputed.
- A case dismissed for lack of subject-matter jurisdiction is dismissed without prejudice.

## Conclusion

The court dismissed Redner’s action because a U.S. citizen residing in France, without foreign citizenship, could not proceed under alienage jurisdiction, and Redner’s asserted California ties did not establish California domicile; as a result, he failed to show the state citizenship required to support diversity jurisdiction against a New York corporation.


Redner v. Sanders, 2000 WL 1161080 (2000)