NICHOLLS et al v. Suez Water Environmental Services, Inc.
| JEREMIAH NICHOLLS, WALTER GOODROW, WESLEY DINSMORE and RICHARD RUPPERT |
| Suez Water Environmental Services, Inc. |
| 3:2022cv30034 |
| March 25, 2022 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Civil Rights: Jobs |
| 28 U.S.C. ยง 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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| Filing 12 Judge Mark G. Mastroianni: Electronic order entered re: #11 Joint Status Report Regarding Subject Matter Jurisdiction and Stipulation Regarding Defendant's Principal Place of Business. Defendant asserts, and has supported by declaration, that it is a Delaware corporation with its principal place of business in New Jersey. Plaintiffs do not dispute these facts. Accordingly, the court finds that Plaintiffs and Defendant are citizens of different states and, therefore, the court has subject matter jurisdiction. (Zamorski, Michael) |
| Filing 11 STATUS REPORT (Joint) Regarding Subject Matter Jurisdiction and Stipulation Regarding Defendant's Principal Place of Business by Suez Water Environmental Services, Inc.. (Attachments: #1 Jonathan Prince Declaration)(Melnick, Stephen) |
| Filing 10 Judge Mark G. Mastroianni: Electronic order entered re: #1 Notice of Removal. Defendant removed this action on the basis of diversity jurisdiction under 28 U.S.C. 1332. Defendant's notice of removal states that it "is a Delaware corporation with a principal place of business in Wilmington, Delaware." (Dkt. No. 1 8.) However, Plaintiff alleges in the complaint that Defendant "is a corporation with a principal place of business at Bondi's Island, Agawam, Massachusetts," which would make it a Massachusetts citizen for purposes of diversity jurisdiction. (Dkt. No. 1-1 at 5.) Defendant's answer denies the allegation in the complaint regarding Defendant's principal place of business. (Dkt. No. 4 7.) "The existence of subject-matter jurisdiction 'is never presumed.'" Fafel v. Dipaola, 399 F.3d 403, 410 (1st Cir. 2005) (quoting Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1988)). Rather, "[a] court is duty-bound to notice, and act upon, defects in its subject matter jurisdiction sua sponte." Spooner v. EEN, Inc., 644 F.3d 62, 67 (1st Cir. 2011). Accordingly, the parties are ordered to confer and file joint or separate status reports, along with any supporting arguments and evidence, addressing Defendant's citizenship for purposes of determining subject-matter jurisdiction, no later than May 6, 2022. (Zamorski, Michael) |
| Filing 9 ELECTRONIC NOTICE of Case RE-Assignment. Judge Mark G. Mastroianni 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 Katherine A. Robertson. (Finn, Mary) |
| Filing 8 Refusal to Consent to Proceed Before a US Magistrate Judge. . (Melnick, Stephen) |
| Filing 7 STATE COURT Record. (Melnick, Stephen) |
| Filing 6 Certified Copy of Notice of Removal Provided to Defense Counsel by Email. (Finn, Mary) |
| Filing 5 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 4 ANSWER to Complaint by Suez Water Environmental Services, Inc..(Melnick, Stephen) |
| Filing 3 NOTICE of Appearance by Shea A. Miller on behalf of Suez Water Environmental Services, Inc. (Miller, Shea) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by Suez Water Environmental Services, Inc. identifying Corporate Parent Suez Water Inc., Corporate Parent Suez North America Inc., Corporate Parent Suez Groupe S.A.S., Corporate Parent Suez S.A. for Suez Water Environmental Services, Inc... (Melnick, Stephen) |
| Filing 1 NOTICE OF REMOVAL by Suez Water Environmental Services, Inc. ( Filing fee: $ 402, receipt number AMADC-9244762 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A - State Court Record, #2 Exhibit B - Notice to State Court, #3 Civil Cover Sheet, #4 Category Form)(Melnick, Stephen) |
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