02-2427 Meyerson v. Showboat Marina Casino Partnership

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“Anaclerio and Neumeister made to this court a promise that they broke at their very first opportunity, a few weeks later. As we stressed in Meyerson I, all members of our bar must assist the court in enforcing the limits of federal subject-matter jurisdiction. Showboat’s lawyers have failed miserably. We see no reason to remand this case for further proceedings to establish all details of Showboat’s ownership structure. Showboat removed the case; it bore the burden of establishing diversity of citizenship, but despite multiple opportunities in the district court, the benefit of Meyerson I, and the vows in response to the order to show cause, that has not been accomplished. We gather that Showboat wants to keep its ownership secret. That is its owners’ right, but one consequence is lack of access to federal courts under the diversity jurisdiction.

“The judgment in this case therefore is vacated, and the case is remanded to the district court with instructions to remand to the state court in which the suit began. As for Anaclerio and Neumeister: we grant them 14 days to show cause why sanctions (not only fines but also suspension from practice) should not be imposed for their egregious disregard of obligations to the court-obligations that stem in part from Rule 28, in part from the statutes limiting the subject-matter jurisdiction of the federal courts, and in part from the promises made last July. This time we will not be so credulous.”

Vacated and remanded.

Appeal from the United States District Court for the Northern District of Indiana, Moody, J., Per Curiam.