Pagdilao et al v. Beneficial Financial I Inc. et al

Filing 26

ORDER DISMISSING CASE FOR LACK OF SUBJECT MATTER JURISDICTION - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 9/13/13. (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ISMAEL PAGDILAO AND FELY
PAGDILAO,

)
)
)
Plaintiffs,
)
)
vs.
)
)
BENEFICIAL FINANCIAL I INC., )
et al.
)
Defendants.
)
_____________________________ )

Civil No. 13-00027 SOM/RLP
ORDER DISMISSING CASE FOR LACK
OF SUBJECT MATTER JURISDICTION

ORDER DISMISSING CASE FOR
LACK OF SUBJECT MATTER JURISDICTION
On March 18, 2013, Plaintiffs Ismael Pagdilao and Fely
Pagdilao, by and through their attorney Stuart Ragan, filed their
First Amended Complaint in this court. On September 9, 2013, this
court issued an order requesting that Plaintiffs show how the
amount in controversy is in excess of $75,000, as required to
trigger this court’s diversity jurisdiction. 28 U.S.C. § 1332.
This court expressly noted that if Plaintiffs failed to file a
written response by 10:00 a.m. on Friday, September 13, 2013,
they would be deemed to be agreeing that this case involves less
than the jurisdictional requirement.
Having failed to submit a timely response, Plaintiffs
are deemed to have agreed that the amount in controversy is not
in excess of $75,000, and this case is hereby dismissed for lack
of subject matter jurisdiction.

To the extent Defendant has made a request for
attorney’s fees and costs, this court declines to reach that
issue because it was raised for the first time in Defendant’s
reply memorandum in support of its motion for summary judgement,
thereby depriving Plaintiffs of an opportunity to brief what
would normally be raised in a motion that complies with Local
Rule 54.3.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, September 13, 2013.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Ismael Pagdilao,et al. v. Beneficial Financial I Inc.; Civil No.
13-00027 SOM/RLP; ORDER DISMISSING CASE FOR LACK OF SUBJECT
MATTER JURISDICTION

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