MEMORANDUM OPINION AND ORDER
EDELSTEIN, District Judge.
This is an action for infringement of constitutional rights, breach of contract, withholding of wages and benefits and interference with business relationships. For the reasons set forth herein, the court grants defendants' motion to dismiss the complaint for lack of subject matter jurisdiction.
Plaintiff Jos de Wit ("de Wit") brought this action on behalf of himself and his minor son Alexander Jean-Paul de Wit
The present action arose out of a series of events that commenced after de Wit's discharge from KLM. After his discharge, de Wit, claiming KLM had improperly withheld money from him, disseminated information concerning "the enormous amount of corruption and fraud that has taken place within KLM"
On January 28, 1983 de Wit commenced the instant action by the filing of a summons and complaint.
A. Diversity Jurisdiction
Title 28 U.S.C. § 1332(a)(2) provides for federal subject matter jurisdiction as to all suits between "citizens of a State and citizens or subjects of a foreign state." Under this provision complete diversity is a predicate for subject matter jurisdiction, Field v. Volkswagenwerk AG, 626 F.2d 293, 296 (3rd Cir.1980); Joseph Muller Corp. Zurich v. Societe Anonyme de Gerance, 451 F.2d 727, 729 (2d Cir.1971), cert. denied, 406 U.S. 906, 92 S.Ct. 1609, 31 L.Ed.2d 816 (1972), and complete diversity is lacking here. KLM is a Dutch corporation with its principal place of business in the Netherlands, and de Wit is a citizen of the Netherlands currently residing in the United States in New York. It is clear that 28 U.S.C. § 1332(a)(2) does not provide for suits brought by aliens against aliens.
Similarly, Alexander is a minor child domiciled in the Netherlands. For purposes of determining diversity jurisdiction, however, the domicile of a minor is the domicile of his or her father.
Title 28 U.S.C. § 1332(a)(3) which provides for federal jurisdiction over disputes between "citizens of different States and in which citizens or subjects of a foreign state are additional parties" is also not applicable. Under § 1332(a)(3) the main suit must be between citizens of different states with aliens as additional parties. Joseph Muller Corp. Zurich v. Societe Anonyme de Gerance, supra, 451 F.2d at 727; accord Ed & Fred, Inc. v. Puritan Marine Insurance Underwriters Corp., 506 F.2d 757, 758 (5th Cir.1975). Even if KLM and de Wit, or KLM and Alexander, could be characterized as additional parties, diversity would still be lacking. As discussed above, for purposes of diversity jurisdiction KLM, de Wit and Alexander are Dutch citizens, and thus from the same state, and the requirement of complete diversity applies with the same force and effect to "additional parties" under § 1332(a)(3). As the court in Ed & Fred, Inc., supra, stated:
506 F.2d at 758; Accord Ex Parte Edelstein, 30 F.2d 636, 638 (2d Cir.), cert. denied, 279 U.S. 851, 49 S.Ct. 347, 73 L.Ed. 994 (1929).
B. Federal Question Jurisdiction
The only other basis for subject matter jurisdiction is the alleged presence of a substantial federal question pursuant to 28 U.S.C. § 1331. The court, however, can find no basis for federal question jurisdiction in the present case.
De Wit alleges, on behalf of himself and Alexander, a violation of rights guaranteed by the first, ninth and fourteenth amendments of the United States Constitution. Specifically, he claims that the issuance of an injunction deprived him of his first amendment right to freedom of speech, and that KLM sought the injunction "in order to put undue economic burden on Jos de Wit ... in effect obstructing the due process of law." Complaint ¶ 8. However, there is no allegation or evidence of state action which is the predicate for the existence of a constitutional violation under these amendments. Central Hardware Co. v. National Labor Relations Board, 407 U.S. 539, 547, 92 S.Ct. 2238, 2243, 33 L.Ed.2d 122
Finally, de Wit's invocation of 28 U.S.C. § 1350 and 42 U.S.C. §§ 1985(2) and (3) in his "amended complaint"
Griffin v. Breckenridge, 403 U.S. 88, 102, 91 S.Ct. 1790, 1798, 29 L.Ed.2d 338 (1971). Clearly there is no racial or class-based discrimination alleged or present here, and no basis for federal question jurisdiction exists under § 1985(3).
It is somewhat unsettled whether discriminatory animus must be established under § 1985(2),
De Wit has also alleged a violation of 28 U.S.C. § 1350, which provides for federal jurisdiction "of any civil action by an alien for a tort only, committed in violation of the law of nations or a Treaty of the United States." As the Second Circuit has emphasized this statute is only invoked in extraordinary circumstances. IIT v. Vencap, Ltd., 519 F.2d 1001, 1015 (2d Cir.1975) (no action for fraud conversion and corporate waste). Compare Huynh Thi Anh v. Levi, 586 F.2d 625, 630 (6th Cir.1978) (no action for claim by alien resident for custody of children) with Filartiga v. Pena-Irala, 630 F.2d 876, 887 (2d Cir.1980) (action for wrongful death by torture). The court finds that such extraordinary circumstances are not present here and therefore de Wit's claim of jurisdiction under this provision is also lacking.
Accordingly, even after giving this pro se litigant's papers a liberal construction, see Haines v. Kerner, 404 U.S. 519, 92 S.Ct. 594, 30 L.Ed.2d 652 (1972), the court cannot find any basis for predicating subject matter jurisdiction.
Defendants' motion to dismiss the complaint pursuant to Fed.R.Civ.P. 12(b)(6) is granted because this court lacks subject matter jurisdiction over de Wit's claims. Defendants' motion for attorney's fees is
By their withholding of the $10,000 Jos de Wit has been damaged in his credit reputation. ... By their actions and negligence defendants impinge on Alexander Jean-Paul de Wit's Right to grow up in the country where he was born, under the custody of his father and get the education in the USA....
Complaint ¶ 9.
[KLM] unjustly withheld and/or participated in a scheme to withhold salary and wage supplements owed for services provided.... The unjust withholding of such funds without due process of law, moreover impinges on the property rights of Jos de Wit.
Id. ¶ 11.
[D]efendants have knowingly and unnecessarily harassed plaintiffs [and] participated in and organized a conspiracy ... to prevent plaintiff Jos de Wit from getting access to his funds, preventing him from paying his bills, causing him and his son to be locked out of their apartment, causing psychological murder or suicide, grossly violating plaintiff's constitutional rights in attempts to devaluate plaintiff's testimony for various North American government agencies.
Id. ¶ 13.
Defendants interfered in regular business conduct of Jos de Wit by frustrating a real estate presentation and transaction ....
Id. ¶ 15.
[D]efendants participated in a scheme by which the Plaza Hotel in New York unjustly withholds and continues to withhold travel documents and passports, thereby grossly impinging on plaintiffs' Constitutional Right of Freedom of Movement. The restrictions thus imposed on plaintiffs' freedom of movement cause damages on plaintiff de Wit's ability to make a living in international real estate consultancy, it also impinges on plaintiffs' right to enjoy a vacation in a location of their choice. Id. ¶ 18.