Benitez Caceres v. Hagopian et al
| Mirca Benitez Caceres |
| Michael R. Hagopian, Rhode Island Joint Reinsurance Association, Select Portfolio Servicing, Inc. and Lincoln Benefit Life |
| Daniel J. Boudreau and The Washington Trust Company |
| 1:2023cv00207 |
| May 17, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Real Property: Other |
| Both |
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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Filing 21
JUDGMENT entered dismissing this civil action. So Ordered by District Judge William E. Smith on 7/6/2023. (Urizandi, Nissheneyra)
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TEXT ORDER granting Defendant Hagopian and Defendant Citizens Bank's #14 Motion to Dismiss and dismissing the action for lack of subject-matter jurisdiction. "Federal courts are courts of limited jurisdiction," Kokkonen v. Guardian Life Ins. Co. of America, 511 U.S. 375, 377 (1994), which means that this Court may only preside over certain types of cases. Generally, this Court has subject-matter jurisdiction over two types of cases: (1) cases that arise under federal law, 28 U.S.C. 1331, over which the Court has federal question jurisdiction; and (2) cases in which the amount in controversy exceeds $75,000 and there is diversity of citizenship among the parties, 28 U.S.C. 1332(a), over which the Court has diversity jurisdiction. Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019). Diversity of citizenship means that the plaintiff in a case cannot be a citizen of the same state as any of the defendants. In the present case, reading the complaint liberally in view of Plaintiffs' pro se status, see Xiaoyan Tang v. Citizens Bank, N.A., 821 F.3d 206, 219 (1st Cir. 2016), Plaintiff has brought various state-law claims and has not invoked any violation of federal law or the U.S. Constitution. See Compl. 5, ECF No. #1 . Accordingly, her Complaint seeks to invoke the Court's diversity jurisdiction. However, there is not complete diversity; thus, the Court cannot exercise diversity jurisdiction. Plaintiff alleges that she is a citizen of Rhode Island. Compl. 4. Defendant Citizens Bank is a citizen of Rhode Island as it is headquartered here. Defendant Washington Trust Company is also a citizen of Rhode Island. Accordingly, Plaintiff has not sustained her burden of establishing the existence of subject-matter jurisdiction. See Glassie v. Doucette, 559 F. Supp. 3d 52, 56 (D.R.I. 2021), rev'd on other grounds, 55 F.4th 58 (1st Cir. 2022). Accordingly, Defendants' #14 Motion to Dismiss is GRANTED. Further, the Court construes Defendant Washington Trust Company's Counterclaim as a Motion for Fees and Costs, see ECF No. #10 , and DENIES said motion. The Court is confident that this is not the type of case that warrants award of fees and costs. See Abdullah v. Evolve Bank & Trust, No. CA 14-131 S, 2015 WL 4603229, at *4 (D.R.I. July 29, 2015) (citing Chambers v. NASCO, Inc., 501 U.S. 32, 45-46 (1991); Mullane v. Chambers, 333 F.3d 322, 337 (1st Cir. 2003)). So Ordered by District Judge William E. Smith on 7/6/2023. (Urizandi, Nissheneyra)
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TEXT ORDER granting #18 MOTION to Seal Document Previously Filed With the Court RE: #16 Response to Motion, #17 Notice (Other), #15 Answer to Counterclaim. So Ordered by District Judge William E. Smith on 6/30/2023. (Urizandi, Nissheneyra)
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| Filing 20 RESPONSE In Support to #14 MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Failure to State a Claim filed by Daniel J. Boudreau, The Washington Trust Company. Replies due by 7/5/2023. (Scungio, Americo) |
| Filing 19 NOTICE by Rhode Island Joint Reinsurance Association Disclosure Statement Per FRCP 7.1 (Corrigan, Robert) |
| Filing 18 MOTION to Seal Document Previously Filed With the Court RE: #16 Response to Motion, #17 Notice (Other), #15 Answer to Counterclaim filed by Mirca Benitez Caceres. Responses due by 7/5/2023. (Kenny, Meghan) |
| Filing 17 Answer by Mirca Benitez Caceres re #13 Answer to Complaint (Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 16 RESPONSE In Opposition to #14 MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Failure to State a Claim filed by Mirca Benitez Caceres Replies due by 6/27/2023. (Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 15 Reply to Counterclaim by Mirca Benitez Caceres. (Kenny, Meghan) This document has been filed under seal pursuant to LR Gen 102 and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 14 MOTION to Dismiss for Lack of Jurisdiction Subject Matter and Failure to State a Claim filed by Michael R. Hagopian. Responses due by 6/28/2023. (Attachments: #1 Supporting Memorandum Memorandum of Law in Support of Defendant Citizens Bank Motion to Dismiss)(Hernandez, Damaris) |
| Filing 13 ANSWER to #1 Complaint, by Rhode Island Joint Reinsurance Association.(Corrigan, Robert) |
| Filing 12 NOTICE of Appearance by Damaris Hernandez on behalf of Michael R. Hagopian (Hernandez, Damaris) |
| Filing 11 NOTICE of Appearance by Geoffrey W. Millsom on behalf of Michael R. Hagopian (Millsom, Geoffrey) |
| Filing 10 ANSWER to #1 Complaint, , COUNTERCLAIM against Mirca Benitez Caceres by The Washington Trust Company, Daniel J. Boudreau.(Scungio, Americo) |
| Filing 9 NOTICE by Mirca Benitez Caceres re: Service or Summons as to Select Portfolio Servicing, Inc. (Kenny, Meghan) |
| Filing 8 NOTICE of Appearance by Robert P. Corrigan on behalf of Rhode Island Joint Reinsurance Association (Corrigan, Robert) |
| Filing 7 SUMMONS Returned Executed by Mirca Benitez Caceres. Rhode Island Joint Reinsurance Association served on 5/25/2023, answer due 6/15/2023. (DaCruz, Kayla) |
| Filing 6 NOTICE of Appearance by Americo M. Scungio on behalf of Daniel J. Boudreau, The Washington Trust Company (Scungio, Americo) |
| Filing 5 SUMMONS Returned Executed by Mirca Benitez Caceres. Daniel J. Boudreau served on 5/19/2023, answer due 6/9/2023; Michael R. Hagopian served on 5/23/2023, answer due 6/13/2023. (Attachments: #1 DJB Summons returned)(DaCruz, Kayla) |
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TEXT ORDER granting #2 Motion to Seal. So Ordered by District Judge William E. Smith on 5/25/2023. (Urizandi, Nissheneyra)
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| Filing 4 Summons Issued as to All Defendants. (Kenny, Meghan) |
| Filing 3 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 2 MOTION to Seal Exhibits A, B, and C Filed. Notice Sent To: Mirca Benitez Caceres. (DaCruz, Kayla) This entry/document has been filed under seal pursuant to statute, rule or court order and access is restricted. Please login to CM/ECF to view document(s). |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 100000207 ), filed by Mirca Benitez Caceres. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 SPS Summons, #7 LBL Summons, #8 RIJR Summons, #9 MRH Summons, #10 DJB Summons)(DaCruz, Kayla) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan, based upon previously assigned case(s) 21cv360, 22cv97, 22cv231, 22cv382, 23cv32, 23cv133 to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. |
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