Briggs v. Santos-Irizarry et al
| Robert Briggs |
| Conjugal Partnership of Soler-Doe, Jane Doe, Companies A-Z, Barbara Briggs, Mary Moe, David Sigale, John Doe, Alicia M. Santos-Irizarry, Conjugal Partnership of Doe-Briggs, Pedro F. Soler, Conjugal Partnership of Gonzalez-Doe, Juan Rafael Gonzalez, Peter Poe, Conjugal Partnership of Schneid-Doe, Conjugal Partnership of Sigale-Doe, Conjugal Partnership of Doe-Santos and Mark T. Schneid |
| 3:2019cv01072 |
| January 24, 2019 |
| US District Court for the District of Puerto Rico |
| Jay A Garcia-Gregory |
| Other Statutory Actions |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 25, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE filed by Robert Briggs Re: 3 Order to Show Cause. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Envelope).(mg) |
| Filing 4 RESPONSE TO ORDER TO SHOW CAUSE filed by Robert Briggs, pro se, Re: 3 Order to Show Cause. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Envelope).(mg) |
Filing 3
ORDER TO SHOW CAUSE. Federal courts have subject matter jurisdiction over suits in which the amount in controversy is over $75,000 and the suit is "between citizens of different States." 28 U.S.C. 1332(a)(1). This is commonly called diversity jurisdiction. However, there must be complete diversity. See AponteDavila v. Municipality of Caguas, 828 F.3d 40, 46 (1st Cir. 2016). Thus, "the presence in the action of a single plaintiff from the same State as a single defendant deprives the district court of original diversity jurisdiction over the entire action." Picciotto v. Cont'l Cas. Co., 512 F.3d 9, 21 (1st Cir. 2008). The party asserting jurisdiction has the burden of proving that complete diversity exists. See Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). Here, Plaintiff, a citizen of Illinois, has included defendants that are also citizens of Illinois. Docket No. 2 at 1-5. As such, there is no complete diversity between the parties and, thus, the Court lacks subject matter jurisdiction over this matter. Plaintiff is hereby ORDERED to establish the existence of subject matter jurisdiction, other than diversity jurisdiction. Show Cause Response due by 2/25/2019. Failure to comply shall result in dismissal without prejudice of Plaintiff's case. Signed by Judge Jay A. Garcia-Gregory on 1/25/2019. (MQ)
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| Filing 2 COMPLAINT against All Defendants,filed by Robert Briggs, pro se. Service due by 4/24/2019, (Attachments: #1 Category Sheet, #2 Civil Cover Sheet, #3 Supplement, #4 Summons, #5 Summons, #6 Summons, #7 Summons, #8 Summons, #9 Summons #10 Envelope) (mg). |
| Filing 1 MOTION for Leave to Appeal in Forma Pauperis filed by Robert Briggs, pro se. Responses due by 2/7/2019. NOTE: Pursuant to FRCP 6(a) an additional three days does not apply to service done electronically. (mg) |
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