Krasilnikov et al v. Femino et al
| Nikita A Krasilnikov and Golden Fish, LLC doing business as Mobile Sauna |
| John J. Femino, Richard Jankowski, Sr., George Rober Hatch, Edward J Quinlan and Joh Shaughnessy |
| 1:2022cv10934 |
| June 15, 2022 |
| US District Court for the District of Massachusetts |
| Angel Kelley |
| Motor Vehicle |
| 28 U.S.C. ยง 1331 Fed. Question |
| None |
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| Filing 7 District Judge Angel Kelley: ELECTRONIC ORDER entered. "Plaintiffs shall show cause by August 19, 2022 why this action ought not be dismissed for lack of subject matter jurisdiction. This Court has an obligation to inquire sua sponte into its own subject matter jurisdiction. McCulloch v. Velez, 364 F.3d 1, 5 (1st Cir. 2004); see Fed. R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject matter jurisdiction, the court must dismiss the case."). Plaintiffs claim jurisdiction based upon federal question jurisdiction pursuant to 28 U.S.C. 1331. It does not appear, however, that the Court has subject matter jurisdiction over this action. First, this action does not appear to raise a federal claim, or more specifically arise under the Constitution, laws, or treaties of the United States. 28 U.S.C. 1331. Second, in the absence of a federal claim, this Court has original jurisdiction over state-law claims only to the extent that the plaintiffs and defendants are citizens of different states and there is $75,000 in controversy. See 28 U.S.C 1332(a)(1). On the face of the complaint and Civil Cover Sheer, it is apparent that diversity of citizenship is absent. Finally, on an unrelated issue, it is unclear whether Golden Fish LLC dba Mobile Sauna is an independent legal entity apart from plaintiff Krasilnikov. To the extent that he Golden Fish is an independent entity, it may not proceed in forma pauperis, and may not proceed pro se. See Local Rule 83.5.5(c)(A corporation, partnership, limited liability company, trust, estate, or other entity that is not an individual may not appear pro se.). Krasilnikov cannot appear on behalf of Golden Fish unless he is an attorney. Id.(PSSA, 5) |
| Filing 6 EXHIBITS re #5 MOTION to Consolidate Cases by Nikita A Krasilnikov. (Attachments: #1 Exhibit) (Kelly, Danielle) |
| Filing 5 MOTION for Consolidation by Nikita A Krasilnikov. (Pacho, Arnold) |
| Filing 4 Civil Cover Sheet & Category Sheet by Nikita A Krasilnikov. (Pacho, Arnold) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. District Judge Angel Kelley assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Donald L. Cabell. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Nikita A Krasilnikov.(de Oliveira, Flaviana) |
| Filing 1 COMPLAINT against All Defendants, filed by Golden Fish, LLC, Nikita A Krasilnikov. (Attachments: #1 Exhibit)(de Oliveira, Flaviana) |
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