Facts

Daniel Long sued Forty Niners Football Co. LLC and John York alleging negligence and breach of contract in connection with an attack outside a football stadium. Long filed his claim in the U.S. District Court alleging diversity of jurisdiction.

On Aug. 12, 2011, Long purchased tickets for the Aug. 20 San Francisco 49ers game against the Oakland Raiders held at Candlestick Park. He also purchased a parking pass for Candlestick Park. After the game ended, his companion was attacked in the Candlestick Park parking lot. Long was then shot four times after he attempted to rescue his companion.

PLAINTIFF'S CONTENTIONS:
Plaintiff contended that defendant failed to adequately protect him, which constituted negligence and breach of contract. Plaintiff contended that a prior incident of stabbing in 2010 placed defendant on notice over fan safety, but that defendants thereafter failed to do anything to reduce the risk to fans. Plaintiff also alleged that defendants failed to comply with the "National Football League Best Practices for Stadium Security and Best Practices for Fan Conduct," and that its failure to do so caused his injuries.

Result

U.S. District Court Judge Edward M. Chen dismissed the action with prejudice for lack of subject matter jurisdiction, because defendant Forty Niners Football Co. LLC is deemed to be a citizen of California and plaintiff is also a citizen of California. Therefore, the court found complete diversity was lacking.