PJW Investment Assoc LLC v. Custopharm Inc
| PJW Investment Assoc LLC |
| Custopharm Inc |
| 3:2010cv01043 |
| July 2, 2010 |
| US District Court for the District of Connecticut |
| New Haven Office |
| New Haven |
| Charles S. Haight |
| Other Contract |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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Filing
89
ORDER (see attached) - Given that both Plaintiff and Defendant were, for purposes of diversity, citizens of the State of Texas on the date this action was commenced, complete diversity between the parties does not exist and under 28 U.S.C. § 133 2 this Court does not possess subject matter jurisdiction. The law in such circumstances is clear: "Where jurisdiction is lacking,... dismissal is mandatory," Lovejoy v. Watson, 475 F.App'x at 792 (internal quotation marks and citati on omitted). "If the court determines at any time that it lacks subject-matter jurisdiction, the court must dismiss the action." Fed. R. Civ. P. 12(h)(3). The Court has made just such a determination, and consequently the Court is bound to DISMISS this action WITHOUT PREJUDICE to the merits of the case. The Clerk is directed to close the file. Signed by Judge Charles S. Haight, Jr. on 12/2/13.(Hornstein, A)
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Filing
87
ORDER (see attached) - In order to determine whether it has subject matter jurisdiction in this action, the Court hereby ORDERS Defendant to establish, by affidavit, both where David McCleary was domiciled at the time this action was commenced - i.e ., July 2, 2010 - along with all the states in which Defendant was incorporated on such date and the state in which Defendant had its principal place of business on such date. Defendant shall file and serve such affidavit regarding citizenship on or before Tuesday, November 26, 2013. All case deadlines shall remain stayed pending the Court's review of this affidavit. If, upon review, the Court determines that it possesses subject matter jurisdiction, the action may proceed and the Court shall rule upon the four motions which are currently pending before it. Otherwise, in the absence of such jurisdiction, the Court shall dismiss the action without prejudice. Signed by Judge Charles S. Haight, Jr on 11/12/13.(Hornstein, A)
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Filing
79
ORDER (see attached) - In order to determine whether it has subject matter jurisdiction in this action, the Court hereby ORDERS Plaintiff to establish, by affidavit, both its own citizenship and Defendant's citizenship(s) for diversity purposes as of the date this action was commenced, i.e., July 2, 2010. Plaintiff shall file and serve such affidavit regarding citizenship on or before Friday, October 25, 2013. All case deadlines shall be stayed pending the Court's review of this aff idavit. If, upon review, the Court determines that it possesses subject matter jurisdiction, the action may proceed and the Court shall rule upon the four motions which are currently pending before it. Otherwise, in the absence of such jurisdiction, the Court shall dismiss the action without prejudice. Signed by Judge Charles S. Haight, Jr. on 10/4/13.(Hornstein, A)
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| Plaintiff: PJW Investment Assoc LLC | |
| Represented By: | Gene S. Winter |
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| Defendant: Custopharm Inc | |
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