litigation

Any lawyers care to comment, looks like its going to another court

MAX D. WHEELER (3439)
DAVID W. SLAUGHTER (2977)
SNOW, CHRISTENSEN & MARTINEAU, P.C.
10 Exchange Place, Eleventh Floor
P.O. Box 45000
Salt Lake City, Utah 84145-5000
Telephone: (801) 521-9000
Attorneys for Defendant
Golden Eagle Exploration, LLC
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH – CENTRAL DIVISION
WEATHERFORD U.S., L.P. )
a Louisiana limited partnership ) MOTION TO DISMISS FOR
) LACK OF SUBJECT MATTER
Plaintiff, ) JURISDICTION
)
v. )
)
GOLDEN EAGLE EXPLORATION, LLC, ) Civil No. 2:07CV00343
a Delaware limited liability company )
) Judge Dale A. Kimball
Defendant. )
______________________________________________________________________________
Defendant Golden Eagle Exploration, LLC (“Golden Eagle”), through its attorneys,
hereby submits this Motion to Dismiss for Lack of Subject Matter Jurisdiction, and in support
thereof, states as follows:
1. Plaintiff Weatherford U.S., L.P. filed Civil Action No. 2:07CV00343 under the
premise that this Court has jurisdiction over this matter and the parties pursuant to 28 U.S.C. §
1332 – diversity jurisdiction. The party seeking the exercise of jurisdiction in his favor must
allege in its pleading the facts essential to show jurisdiction. Plaintiff’s allegations of
Case 2:07-cv-00343-DAK Document 8 Filed 06/28/2007 Page 1 of 3
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jurisdiction, as contained on the face of the complaint, are not sufficient to establish jurisdiction
under 28 U.S.C. § 1332, and this case should be dismissed.
2. In addition, after investigation, the information obtained by Defendant indicates
that complete diversity between the parties does not exist. Defendant is a citizen of the State of
Delaware and, on information and belief, Plaintiff is also deemed to be a citizen of the State of
Delaware for the purposes of diversity jurisdiction. Accordingly, this Court lacks subject matter
jurisdiction over this action and it should be properly dismissed pursuant to Fed. R. Civ. P.
12(b)(1).
3. This motion is accompanied by a legal memorandum of supporting authorities
that sets forth the applicable rules, statutes and other authorities that support this motion.
WHEREFORE, Defendant Golden Eagle Exploration, LLC requests that this Court
dismiss Civil Action No. 2:07CV00343, pursuant to Fed. R. Civ. P. 12(b)(1), for lack of subject
matter jurisdiction.
Respectfully submitted this 28th day of June, 2007.
SNOW, CHRISTENSEN & MARTINEAU

CONCLUSION
Plaintiff’s complaint fails to adequately allege diversity exists to satisfy the jurisdiction
requirements under 28 U.S.C. § 1332, and the information available to Defendant indicates total
diversity does not exist. This dispute belongs in state court. Appropriately, Defendant has filed
an action styled Golden Eagle Exploration LLC v. Weatherford U.S., L.P., (Case No. 0707-119)
in the District Court for the Seventh Judicial District, Grand County, Utah. The claims asserted
in this action are compulsory counterclaims to that state court action. This action should be
Defendant, Golden Eagle Exploration, LLC
(Limited Liability Company)
Golden Paradox, Inc.
(Sole member of Golden Eagle Exploration, LLC)
(A Delaware Corporation)
Plaintiff, Weatherford U.S., L.P.
(Limited Partnership)
WUS Holding, LLC
(General Partner)
Weatherford L.P. LLC
(Limited Partner)
WEUS HOLDING, INC.
(Sole member of WUS Holdings, LLC)
(Sole member of Weatherford L.P. LLC)
(a Delaware Corporation)
Case 2:07-cv-00343-DAK Document 9 Filed 06/28/2007 Page 5 of 7
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dismissed for lack of subject matter jurisdiction, and Plaintiff must assert its claims in the nowpending
state court action.
Respectfully submitted this 28th day of June 2007.