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16-950 - Ferrara et al v. Munro et al


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16-950 - Ferrara et al v. Munro et al
November 22, 2016
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ORDER RE: SUBJECT MATTER JURISDICTION (see attached) directing Plaintiff New England Alpacas and Defendant Tripping Gnome Farm, LLC to submit affidavits establishing their citizenship for federal diversity jurisdiction purposes on or before November 29, 2016. Plaintiffs are also directed to file an affidavit to prove that their claims meet the jurisdictional minimum -- exceeding $75,000, exclusive of interest and costs, 28 U.S.C. § 1332(a). In particular, because their alleged damages of not less than $55,000 fail to exceed $75,000, Plaintiffs' affidavit must address their alleged attorneys' fees (past and projected) to show that such amounts are both reasonable and based in law. If, upon review of the affidavits, the Court determines that it possesses subject matter jurisdiction, the action may proceed. Otherwise, in the absence of such jurisdiction, the Court will dismiss the action. All case deadlines are stayed pending the Court's review of the affidavits. Signed by Judge Charles S. Haight, Jr. on November 22, 2016. (Dorais, L.)
January 13, 2017
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SECOND ORDER (see attached) Re: Subject Matter Jurisdiction. Because the Court has determined that subject matter jurisdiction exists, the stay is lifted. The Plaintiffs must respond to 14 Defendants' Motion to Dismiss on or before February 3, 2017. Defendants may thereafter, if so advised, reply within fourteen (14) days of the filing of the responsive brief by Plaintiffs. The parties must meet and confer, and within fourteen (14) days thereafter, file their joint "Rule 26(f) Report of Parties' Planning Meeting," with proposed dates for the remaining case deadlines. The 26(f) Report must be filed no later than February 24, 2017. Signed by Judge Charles S. Haight, Jr. on January 13, 2017. (Dorais, L.)
March 23, 2018
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RULING (see attached) granting 14 Defendants' Motion to Dismiss as to Ryen Munro. All claims against defendant Ryen Munro are hereby DISMISSED. The case remains stayed as to defendant Tripping Gnome Farm, LLC ("TGF"), which is a bankruptcy debtor protected by the automatic stay under 11 U.S.C. § 362(a). Within 14 days following the conclusion of TGF's bankruptcy action, counsel for the parties are directed to inform the Court of that event. The Court will then lift the stay, at which time Plaintiffs must notify the Court as to whether they wish to proceed against TGF in this action, withdraw the action, or request a settlement conference before a magistrate judge. Until that time, the portion of the present motion to dismiss that pertains to the claims against the debtor TGF remain pending but stayed. Signed by Judge Charles S. Haight, Jr. on March 23, 2018. (Dorais, L.)