Eze v. Yellow Cab Co. Of Alexandria, Va., Inc

782 F.2d 1064 (D.C. Cir. 1986)

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Nature of the Case

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Facts

Ps are citizens of Nigeria. They commenced a personal injury action based on an automobile accident alleged to have occurred in the District of Columbia. They named two defendants Yellow Cab Company of Alexandria, Va., Inc.(D) and Godwin Sam Akakpo, the alleged driver of the Yellow Cab vehicle in which Ps were passengers at the time of the accident. Plaintiffs invoked federal court jurisdiction on the basis of 'alienage.' D moved to dismiss for lack of jurisdiction over the subject matter, contending that the requisite diversity of citizenship had not been asserted; Ps had not alleged the citizenship of the defendant taxicab driver, but had simply stated that Akakpo 'has a residence which is presently unknown to the Ps.' Ps failed to answer the motion to dismiss within the 10 days prescribed by D.D.C. Rule 1-9(d). The district court, therefore, treated the motion as conceded and dismissed the complaint.