Missed It By That Much.

Talk about chutzpah, what do you make of a defendant that goes through a full  bench trial before Judge Moreno, loses a breach of k to the tune of $5 million, then moves to vacate the judgment for lack of diversity jurisdiction?

Not much, according to the Judge.

Practitioner's tip -- perhaps this motion would have been better received before you answer, litigate the case, go through a whole trial, and then lose?

Just a suggestion.