Volume 1, Issue 3
3rd Quarter, 2006

BINA48 VS. EXABIT CORPORATION (Fla. MD 2005): Defendant's Brief

page 4 of 8

BINA48 is not a citizen as defined under the U.S. Constitution, Florida law, or otherwise. As such, this Court does not have subject matter jurisdiction over this proceeding and the motion/case should be dismissed.[1]

In United Stated v. Wong Kim Ark, 169 U.S. 649, 18 S.Ct. 456 (1898), the United States Supreme Court was called upon to define the term “citizen” as used in the Constitution. The Court held: “The Constitution nowhere defines the meaning of those words (the Citizenship Clause) ***. In this, as in other respects, it must be interpreted in the light of common law, the principles and history of which were familiarly known to the framers of the constitution.” United States v. Wong Kim Ark, 169, U.S. 649; see also Baldwin v. Williams, 399 U.S. 117, 90 S.Ct. 1914 (1970).

Because neither history, the original framers of the Constitution, nor the Legislature have defined “citizen” to include a computer (albeit an advanced computer), Plaintiff has no legal basis by which to invoke this Court’s jurisdictional powers and protection. As such, Plaintiff’s Motion should be denied and all claims dismissed.

The issue of “citizenship” brings up other important questions for the Court’s consideration:

As noted above, Plaintiff will have a difficult time proving it is a “citizen” for purposes of Diversity. Because Plaintiff is unable to meet this burden, its Motion for Preliminary Injunction fails.

Because Plaintiff’s Motion fails, Defendant is entitled to seek and recover damages under 28 U.S.C. § 1332(b):

(b) Except when express provision thereof is otherwise made in a statute of the United States, where plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum of $75,000, … the district court may … impose costs on the plaintiff.

      WHEREFORE, pursuant to 28 U.S.C. § 1332(b), Defendant demands that costs be imposed against Plaintiff as the Court deems appropriate.

(ii) Federal Question.

§ 1331. Federal Question.

The district court shall have original jurisdiction of all civil actions arising under the Constitution, laws, or Treaties of the United States. 28 U.S.C. § 1331.

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1. Defendant does not challenge the amount in controversy ($75,000) at this time, and expressly reserves the right to argue such issue at a later time. (back to top)

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