VFS Leasing Co. et al v. Saltmarsh Industries Inc. et al
| VFS Leasing Co. and Volvo Financial Services |
| Saltmarsh Industries Inc., Alex Saltmarsh and Jesse Saltmarsh |
| 3:2022cv30125 |
| September 22, 2022 |
| US District Court for the District of Massachusetts |
| Mark G Mastroianni |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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| Filing 14 Set/Reset Deadlines: Show Cause Response due by 11/29/2022. (Figueroa, Tamara) |
| Filing 13 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. Plaintiffs VFS Leasing Co. and Volvo Financial Services brought this action against Defendants, invoking diversity jurisdiction under 28 U.S.C. 1332. Diversity jurisdiction under 28 U.S.C. 1332 requires "all parties on one side of the litigation [to] be 'citizens of different states from all parties on the other side.'" AIG Prop. Cas. Co. v. Green, 172 F. Supp. 3d 468, 474 (D. Mass. 2016) (quoting City of Indianapolis v. Chase Nat'l Bank of New York, 314 U.S. 63, 69 (1941)); see also AlvarezTorres v. Ryder Mem'l Hosp., Inc., 582 F.3d 47, 5354 (1st Cir. 2009). Here, Plaintiffs' complaint alleges that VFS Leasing Co. "is a statutory trust formed under the laws of the State of Delaware with its principal place of business located in Greensboro, North Carolina." (Dkt. No. 1 1.) The complaint also alleges that Volvo Financial Services "is a limited liability company formed under the laws of the state of Delaware with its principal place of business located in Greensboro, North Carolina, and its sole member, VNA Holdings, Inc., is a Delaware Corporation." As to VFS Leasing Co., the complaint's allegations are insufficient to establish diversity jurisdiction, as there is no information regarding the citizenship of either the trustee or the members of the trust. For diversity purposes, the citizenship of a trust depends on whether it is a traditional trust or a business trust. See Americold Realty Trust v. Conagra Foods, Inc., 136 S. Ct. 1012, 1016-17 (2016). For a traditional trust, the citizenship of the trustee is what matters; for a business trust, it is the citizenship of its members that matters. Accordingly, Plaintiffs shall show cause in writing, no later than November 29, 2022, why this action should not be dismissed for lack of subject matter jurisdiction. In order to make the required showing, Plaintiffs must, at a minimum, supplement the complaint with allegations of subject-matter jurisdiction sufficient to meet the federal pleading standard.(Figueroa, Tamara) |
| Filing 12 NOTICE: Clerk's ENTRY OF DEFAULT as to Saltmarsh Industries Inc. (Figueroa, Tamara) |
| Filing 11 NOTICE: Clerk's ENTRY OF DEFAULT as to Jesse Saltmarsh. (Figueroa, Tamara) |
| Filing 10 Request for notice of default by VFS Leasing Co., Volvo Financial Services of Saltmarsh Industries Inc.. (Attachments: #1 Affidavit Affidavit of Adam Shub, #2 Exhibit Ex A to Affidavit)(Shub, Adam) |
| Filing 9 Request for notice of default by VFS Leasing Co., Volvo Financial Services of Jesse Saltmarsh. (Attachments: #1 Affidavit Affidavit of Adam Shub, #2 Exhibit Exhibit A)(Shub, Adam) |
| Filing 8 SUMMONS Returned Executed Alex Saltmarsh served on 11/1/2022, answer due 11/22/2022. (Shub, Adam) |
| Filing 7 SUMMONS Returned Executed Saltmarsh Industries Inc. served on 10/17/2022, answer due 11/7/2022. (Shub, Adam) Modified on 10/24/2022 to include answer due date (Figueroa, Tamara). |
| Filing 6 SUMMONS Returned Executed: Jesse Saltmarsh served on 10/8/2022, answer due 10/31/2022. (Shub, Adam) Modified on 10/24/2022 to include answer due date (Figueroa, Tamara). |
| Filing 5 Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Danieli, Chris) |
| Filing 4 ELECTRONIC NOTICE of Case 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. (Danieli, Chris) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT by VFS Leasing Co., Volvo Financial Services identifying Corporate Parent VFS Leasing Co. for Volvo Financial Services.. (Shub, Adam) |
| Filing 2 Civil Cover Sheet & Category Sheet by VFS Leasing Co., Volvo Financial Services. (Attachments: #1 Category Form)(Shub, Adam) |
| Filing 1 COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9511067 (Fee Status: Filing Fee paid), filed by VFS Leasing Co., Volvo Financial Services. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I, #10 Ex J, #11 Ex K, #12 Ex L, #13 Ex M, #14 Ex N, #15 Ex O, #16 Ex P)(Shub, Adam) |
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