Benitez v. Jewel Associates, LP
| Mirca Benitez and Guillermo Caceres |
| Jewel Associates, LP |
| 1:2023cv00428 |
| October 18, 2023 |
| US District Court for the District of Rhode Island |
| William E Smith |
| Patricia A Sullivan |
| Other Statutes: False Claims Act |
| 31 U.S.C. ยง 3729 False Claims Act |
| None |
Docket Report
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| Document Text |
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| USCA Case Number 23-1928 for #4 Notice of Appeal, filed by Mirca Benitez. (Gonzalez Gomez, Viviana) |
| Filing 5 CLERK'S CERTIFICATE AND APPELLATE COVER SHEET: Abbreviated record on appeal consisting of notice of appeal, order(s) being appealed, and a certified copy of the district court docket report transmitted to the U.S. Court of Appeals for the First Circuit in accordance with 1st Cir. R. 11.0(b). #4 Notice of Appeal,. (Attachments: #1 Record on Appeal)(Hill, Cherelle) (Attachment 1 replaced on 11/6/2023) (Hill, Cherelle). |
| Filing 4 NOTICE OF APPEAL by Mirca Benitez as to #3 Judgment, Order, NOTICE TO COUNSEL: Counsel should register for a First Circuit CM/ECF Appellate Filer Account at #http://pacer.psc.uscourts.gov/cmecf/. Counsel should also review the First Circuit requirements for electronic filing by visiting the CM/ECF Information section at # http://www.ca1.uscourts.gov/cmecf Appeal Record due by 11/13/2023. (Hill, Cherelle) |
| U.S. Court of Appeals for the First Circuit Appeal Fees received ( filing fee paid $ 505.00, receipt number 100000758 ) re #4 Notice of Appeal, filed by Mirca Benitez (Hill, Cherelle) |
Filing 3
JUDGMENT dismissing this case for lack of subject-matter jurisdction. So Ordered by District Judge William E. Smith on 10/18/2023. (Urizandi, Nissheneyra)
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| Filing 2 CASE OPENING NOTICE ISSUED (DaCruz, Kayla) |
| Filing 1 COMPLAINT ( filing fee paid $ 402.00 receipt number 100000701 ), filed by Mirca Benitez. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(DaCruz, Kayla) |
| CASE CONDITIONALLY ASSIGNED to District Judge William E. Smith and Magistrate Judge Patricia A. Sullivan. Related Case Number 21cv360 based upon a related case previously assigned to the presiding judge. The assignment is subject to the presiding judge's determination that the cases, in fact, are related. (DaCruz, Kayla) |
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TEXT ORDER dismissing the action for lack of subject-matter jurisdiction. "Federal courts are courts of limited jurisdiction," Kokkonen v. Guardian Life Ins. Co. of Am., 511 U.S. 375, 377 (1994), meaning that this Court may only preside over certain types of cases. Generally, this Court has jurisdiction over two "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 among the parties, [28 U.S.C.] 1332(a)." Home Depot U.S.A., Inc. v. Jackson, 139 S. Ct. 1743, 1746 (2019) (alteration omitted). For there to be diversity of citizenship among the parties such that the Court has diversity jurisdiction, no plaintiff in a case can be a citizen of the same state as any defendant. 28 U.S.C. 1332(a). Here, both Plaintiffs are citizens of Rhode Island and Defendant is a Rhode Island-based limited partnership. See Compl. 7-8, ECF No. #1 . Further, despite the fact that Plaintiffs have designated this as a "federal question" case, even 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), Plaintiffs have not alleged, nor can the Court ascertain, any violations of the Constitution, laws, or treaties of the United States and, therefore, Plaintiffs have failed to invoke the Court's federal question jurisdiction. Accordingly, the case is DISMISSED for want of subject-matter jurisdiction. So Ordered by District Judge William E. Smith on 10/18/2023. (Urizandi, Nissheneyra)
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