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Smith v. D.D Williamson And Co., Inc.

United States District Court, W.D. Kentucky, Louisville Division

August 7, 2019

CHARMANE SMITH Plaintiff
v.
D.D. WILLIAMSON AND CO., INC. Defendant

          MEMORANDUM OPINION

          REBECCA GRADY JENNINGS, DISTRICT JUDGE

         Plaintiff Charmane Smith filed the instant pro se action proceeding in forma pauperis. A review of the complaint reveals that this Court lacks jurisdiction over the subject matter of the action, and the Court will dismiss the action.

         I.

         Plaintiff, identifying herself as a citizen of Tennessee, sues D.D. Williamson and Co., Inc., which she states is incorporated in the state of Delaware and has an address in Louisville, Kentucky. Under the heading “Jurisdiction, ” Plaintiff states, “1. Federal Question” and “2. Diversity: - Amount in Controversy: $1, 000, 000.00.” Under the heading “Statement of Facts, ” Plaintiff states, “I have attempted to place orders, several times, that have not been fulfilled.” Under the heading “Claims, ” Plaintiff states as follows:

1. Truth in Advertising
- Mail or Telephone Order Merchandise
- Title 16 C.F.R., Part 435
2. U.C.C § 2 Part 6 - Breach (Sales)
- § 2-609 Right to Adequate Assurance of Performance
3. U.C.C. § 2 Part 7 - Remedies
- § 2-713 Buyers' Damages for Non-Delivery
4. U.C.C. § 2 Part 7 - Remedies
- ยง 2-715 Buyers' Incidental and Consequential ...

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