Caceres et al v. Arruda
| Guillermo Caceres and Mirca Benitez Caceres |
| M. Beth Arruda |
| 1:2023cv00032 |
| January 19, 2023 |
| US District Court for the District of Rhode Island |
| Mary S McElroy |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Other |
| 28 U.S.C. ยง 1331 Fed. Question: Breach of Contract |
| None |
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This docket was last retrieved on February 22, 2023. A more recent docket listing may be available from PACER.
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Filing 9
JUDGMENT entered dismissing the plaintiffs' complaint. So Ordered by District Judge William E. Smith on 2/22/2023. (Urizandi, Nissheneyra)
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TEXT ORDER granting Defendant's #6 Motion to Dismiss. Defendant's Motion to Dismiss is granted because the Complaint fails to allege facts indicating this Court has jurisdiction over the matter. "Federal courts are courts of limited jurisdiction." Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994). Generally, this Court has jurisdiction over "two general types of cases: cases that arise under federal law, (28 U.S.C.) 1331, and... cases in which the amount in controversy exceeds $75,000 and there is diversity of citizenship of the parties, (28 U.S.C.) 1332." Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019) (internal quotation marks omitted). Reading the Complaint liberally because of Plaintiffs' pro se status, see Xiaoyan Tang v. Citizens Bank, N.A., 821 F.3d 206, 219 (1st Cir. 2016), it is clear this case involves real property. See generally Compl., ECF No. #1 . Plaintiffs have not asserted, and neither can the Court ascertain, any issue involving a federal question. Furthermore, the Complaint fails to plead facts sufficient to invoke diversity jurisdiction. Thus, Defendant's Motion to Dismiss is GRANTED. Defendant's request for sanctions pursuant to Federal Rule of Civil Procedure 11 is DENIED. So Ordered by District Judge William E. Smith on 2/22/2023. (Urizandi, Nissheneyra)
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| Filing 8 REPLY to Response re #7 Response to Motion to Dismiss filed by M. Beth Arruda. (Carline, William) |
| Filing 7 RESPONSE In Opposition to #6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of jurisdiction and Rule 11 filed by All Plaintiffs. Replies due by 2/13/2023. (Kenny, Meghan) |
| Filing 6 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , lack of jurisdiction and Rule 11 filed by M. Beth Arruda. Responses due by 2/8/2023. (Attachments: #1 Supporting Memorandum)(Carline, William) |
| Filing 5 NOTICE by M. Beth Arruda Entry of Appearance (Carline, William) |
| Case reassigned to District Judge William E. Smith. District Judge Mary S. McElroy no longer assigned to the case. (Simoncelli, Michael) |
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TEXT ORDER: This case is transferred to the calendar of District Judge William E. Smith as it has been determined that it is related to 21-cv-360 and 22-cv-231. So Ordered by District Judge Mary S. McElroy on 1/20/2023. (Simoncelli, Michael)
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| Filing 4 Summons Issued as to M. Beth Arruda. (Kenny, Meghan) |
| Filing 3 Summons Request, filed by Plaintiff. (Kenny, Meghan) |
| Filing 2 CASE OPENING NOTICE ISSUED (Kenny, Meghan) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 14670027421 ), filed by Guillermo Caceres, Mirca Benitez Caceres. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Kenny, Meghan) |
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