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PAUL MARSH, INC. v. EDWARD A. GOODMAN CO., INC.

No. 84 Civ. 1493 (GLG).

612 F.Supp. 635 (1985)

PAUL MARSH, INC., Plaintiff, v. EDWARD A. GOODMAN CO., INC., Federal Insurance Company and Utica Mutual Insurance Company, Defendants.

United States District Court, S.D. New York.

June 11, 1985.

Attorney(s) appearing for the Case

Badiak & Will, New York City (Roman Badiak, New York City, of counsel), for plaintiff.

Lanzone & Kramer, New York City (Myron Martynetz, New York City, of counsel), for defendant Edward A. Goodman Co., Inc.

Bigham Englar Jones & Houston, New York City (Joseph J. Magrath III, New York City, of counsel), for defendant Federal Ins. Co.

Halley & Chalos, New York City (Craig English, New York City, of counsel), for defendant Utica Mut. Ins. Co.

OPINION

GOETTEL, District Judge:

It is one of the sacred commandments of federal jurisprudence that the federal courts must protect their subject matter jurisdiction. Ordinarily, one of the parties is more than willing to point out a jurisdictional defect. But when, as here, the parties remain silent, it is the Court's duty to dismiss the action sua sponte if it lacks subject matter jurisdiction. Fed.R. Civ.P. 12(h).

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