Diversity of Citizenship Practice FIRAC Assignment Michele and Lorraine Thomas, d/b/a Thomaslove, Inc. v Frank and Melissa Wright individually and d/b/a Alphabetz Academy, Inc.

Directions Use the FIRAC model to analyze how the federal district court should rule on the Wright's motion to dismiss for lack of subject matter jurisdiction. That is the only issue you need to focus on in responding to the items below. Thus, you do NOT need to consider the underlying substantive issue, i.e., whether the Wrights have breached their franchise agreement with Michele and Lorraine Thomas, whether the Wrights were properly served with notice of the lawsuit, or the legal standard the court would use in ruling on the motion to dismiss. 1. Summarize the material facts in a single paragraph. Not every fact is material - some facts provide interesting details but aren't essential to the outcome. Try to include only those facts that are necessary to decide the issue or that are essential to understanding the issue in context. summarize and paraphrase only those facts that are relevant to determining if the court has subject matter jurisdiction or those that help put that issue in context. 2. State the issue that needs to be resolved. Try to incorporate material facts into your issue. 3. State the legal rule fully, without any reference to the parties or the facts - just the law. [What is subject matter jurisdiction based on diversity of citizenship and where/why does the doctrine apply? What is required to establish diversity of citizenship jurisdiction? What is the rule if one (or more) of the parties is a corporation?]

4. Apply these legal rules to the facts. [Here's where you bring in the facts related to each element (or component) of the rule. Discuss where the parties reside, where the court considers Alphabetz Academy, Inc. and Thomaslove, Inc. to reside, etc., but always in terms of the legal rule, not simply restating the facts.] 5. State your conclusion. [Remember that the conclusion should follow from your analysis and should explicitly answer the question posed in your statement of the issue. You canprovide a brief supporting statement, e.g., "Because .... the court should/should not grant the defendant's motion to dismiss for lack of subject matter jurisdiction." But, do NOT repeat your entire analysis! Be clear and concise!]