Conchinha v. NewRez, LLC
Plaintiff: Antonio Conchinha
Defendant: NewRez, LLC doing business as Shellpoint Mortgage Servicing
Case Number: 3:2024cv10972
Filed: April 15, 2024
Court: US District Court for the District of Massachusetts
Presiding Judge: Mark G Mastroianni
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Contract Dispute
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 28, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 28, 2024 Filing 14 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. re #13 Defendants' supplement to Notice of Removal has provided sufficient information to enable the court to find diversity jurisdiction exist in the case.(Lendon, Tyler)
May 24, 2024 Filing 13 NOTICE by NewRez, LLC re #1 Complaint, Supplement to Notice of Removal (Muldowney, Sean)
May 24, 2024 Filing 12 CORPORATE DISCLOSURE STATEMENT by NewRez, LLC identifying Other Affiliate Shellpoint Mortgaging Servicing for NewRez, LLC.. (Muldowney, Sean)
May 15, 2024 Filing 11 Judge Mark G. Mastroianni: ELECTRONIC ORDER entered. As the party invoking federal jurisdiction, Defendant, Newrez, LLC, bears the burden of establishing that this court has subject matter jurisdiction to hear this case and is ORDERED to show cause in writing, within 21 days of this order, why this court should not remand this case because complete diversity has not been established. Carrozza v. CVS Pharm., Inc., 992 F.3d 44, 51 (1st Cir. 2021). Contrary to the statements in Defendant's Notice of Removal, for purposes of determining whether diversity jurisdiction exists, a limited liability company is not a citizen of the state in which the LLC is organized and the state where its principal place of business is located. Instead, unincorporated legal entities, including limited liability companies, "take the citizenship of all of their members" and it is necessary to "trace the citizenship of any member that is an unincorporated association through however many layers of members or partners there may be." D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 126-27 (1st Cir. 2011). Thus, in order to exercise its independent obligation to determine whether complete diversity exists in this case, the court must be provided a list stating the citizenship of each of Defendant's members, including as many nested lists as necessary to reach a member that is not an unincorporated entity. BRT Management LLC v. Malden Storage LLC, 68 F.4th 691, 697-98 (1st Cir. 2023). (Figueroa, Tamara)
May 15, 2024 Filing 10 STIPULATION Extending Time To Respond to Plaintiff's Complaint by NewRez, LLC. (Muldowney, Sean)
May 13, 2024 Filing 9 NOTICE of Withdrawal of Appearance by Kelsey Marron Westrich (Westrich, Kelsey)
May 13, 2024 Filing 8 APPENDIX/EXHIBIT re #7 Notice (Other) Certified Docket Report by NewRez, LLC. (Muldowney, Sean)
May 13, 2024 Filing 7 NOTICE by NewRez, LLC Notice of Filing of Certified Docket Report (Muldowney, Sean)
May 13, 2024 Filing 6 NOTICE of Appearance by Sean Matthew Muldowney on behalf of NewRez, LLC (Muldowney, Sean)
April 18, 2024 Filing 5 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. (Healy, Bethaney)
April 16, 2024 Filing 4 Civil Cover Sheet & Category Sheet re 2 Notice (Other), Category Form by NewRez, LLC. (Westrich, Kelsey)
April 16, 2024 Filing 3 Case transferred to Western Division (Springfield) (Kelly, Danielle)
April 16, 2024 Filing 2 ELECTRONIC NOTICE TO COUNSEL: Counsel shall complete and file in PDF format a Local Category Form. The form can be found on the court's website under Resources/Forms. Counsel will use the event under Other Documents - Civil Cover Sheet & Category Sheet. (Kelly, Danielle)
April 15, 2024 Filing 1 Notice of Removal Filing fee: $ 405, receipt number AMADC-10366999 (Fee Status: Filing Fee paid), filed by Newrez, LLC. (Attachments: #1 Exhibit Exhibit to notice, #2 Civil Cover Sheet Cover sheet)(Westrich, Kelsey) Modified on 4/16/2024: corrected docket text (Kelly, Danielle).

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Plaintiff: Antonio Conchinha
Represented By: Todd S. Dion
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Defendant: NewRez, LLC doing business as Shellpoint Mortgage Servicing
Represented By: Kelsey Marron Westrich
Represented By: Sean Matthew Muldowney
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