Nolasco Communications, Inc. v. Bonneville Contracting & Thecnology Group, Inc. et al, No. 3:2014cv01382 - Document 34 (D.P.R. 2014)

Court Description: OPINION AND ORDER GRANTING 22 MOTION to Dismiss/Lack of Jurisdiction as to All Defendants. Judgment will enter dismissing without prejudice the complaint filed herein, for lack of jurisdiction. Signed by Judge Jose A. Fuste on 10/16/2014.(mrj)

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UNITED STATES DISTRICT COURT DISTRICT OF PUERTO RICO 1 2 3 4 NOLASCO COMMUNICATIONS, INC., Plaintiff, Civil No. 3:14-cv-01382 (JAF) v. BONNEVILLE CONTRACTING AND TECHNOLOGY GROUP, INC. et al., Defendants. 5 6 7 OPINION AND ORDER This matter is before the court on Defendant Bonneville Contracting and 8 Technology Group, Inc. s ( BCTG ) motion to dismiss 9 Communications, Inc. s complaint. On August 29, 2014, BCTG moved to dismiss the 10 complaint based on lack of complete diversity. (Docket No. 22.) Defendant Bonneville 11 Group Virgin Islands, Corp ( BGVI ) joined BCTG s motion. (Docket No. 30.) Plaintiff 12 opposed both the original motion and BGVI s joining motion. (Docket Nos. 25 and 33.) 13 The matter is fully briefed and ripe for review. For the following reasons, Defendants 14 motions to dismiss are GRANTED. Plaintiff Nolasco 15 The defendants moved to dismiss the amended complaint for, among other things, 16 lack of subject matter jurisdiction. See Fed. R. Civ. P. 12(b)(1). Plaintiff asserts the basis 17 for federal jurisdiction over this case is diversity. See 28 U.S.C. § 1332(a) (conferring 18 jurisdiction on federal courts to hear and determine suits between citizens of different 19 states, as long as the amount in controversy exceeds $75,000). Diversity jurisdiction 20 exists only when there is complete diversity, that is, when no plaintiff is a citizen of the Civil No. 3:14-cv-01382 (JAF) -2- 1 same state as any defendant. Gabriel v. Preble, 396 F.3d 10, 11 (1st Cir. 2005) (citing 2 Strawbridge v. Curtiss, 7 U.S. (3 Cranch) 267, 267, 2 L.Ed. 435 (1806); Am. Fiber & 3 Finishing, Inc. v. Tyco Healthcare Group, LP, 362 F.3d 136, 139 (1st Cir. 2004)). 4 According to Plaintiff s Amended Complaint, Nolasco Communications, Inc., is a 5 U.S. Virgin Islands corporation with its principal place of business located in St. Thomas, 6 U.S. Virgin Islands (Docket No. 13, ¶4.) Defendant BCTG is incorporated in the 7 Commonwealth of Puerto Rico and has a principal place of business in Puerto Rico. 8 (Docket No. 13, ¶5.) 9 address in St. Croix, U.S. Virgin Islands (Docket No 13, ¶6.) Defendant Innovative 10 Communications Corporation ( ICC ) has its headquarters in St. Croix, U.S. Virgin 11 Islands. (Docket No. 13, ¶7.) Defendant BCVI is incorporated and has a physical location 12 Defendants BCTG and BCVI assert that Plaintiff has not established complete 13 diversity since Plaintiff, along with Defendants BCVI and ICC, are citizens of the U.S. 14 Virgin Islands. Plaintiff does not dispute in either of its oppositions the fact that it, 15 BCVI, and ICC are citizens of the U.S. Virgin Islands. 16 The court finds that there is not complete diversity since Plaintiff, Defendant 17 BCVI, and Defendant ICC, are citizens of the U.S. Virgin Islands. The fact that Plaintiff 18 is based out of St. Thomas while Defendants BCVI and ICC are allegedly based out of St. 19 Croix is inconsequential.1 Accordingly, Plaintiff s Amended Complaint lacks complete 20 diversity among the parties, thereby depriving this court of subject matter jurisdiction. 1 Plaintiff attempts to analogize each of the islands that make up the U.S. Virgin Islands as independent jurisdictions like those of the jurisdictions among the different states. Since Plaintiff is a citizen of St. Thomas, Civil No. 3:14-cv-01382 (JAF) 1 2 -3- Plaintiff Nolasco Communications, Inc. s claims are hereby DISMISSED WITHOUT PREJUDICE for lack of jurisdiction. 3 IT IS SO ORDERED. 4 San Juan, Puerto Rico, this 16th day of October, 2014. 5 6 7 S/José Antonio Fusté JOSE ANTONIO FUSTE U. S. DISTRICT JUDGE U.S.V.I., and both BCVI and ICC are alleged citizens of St. Croix, U.S.V.I., Plaintiff suggests that there is complete diversity.

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