Precourt et al v. Fairbank Reconstruction Corp. et al

Filing 102

ORDER. It is not apparent from the face of the complaint that this court has subject-matter jurisdiction over Precourts claims. Precourt has ten days from the date of this order to show cause why this case should not be dismissed for lack of subject-matter jurisdiction. (Miscellaneous Deadline set for 3/2/2012.) So Ordered by Magistrate Judge Landya B. McCafferty.(kad)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW HAMPSHIRE

Lori Precourt, Administrator
of the Estate of Carolyn Black
v.

Civil No. 10-cv-337-LM

Fairbank Reconstruction Corp.,
d/b/a Fairbank Farms; Greater
Omaha Packing Company, Inc.; and
Shaw’s Supermarkets, Inc.

O R D E R
Lori Precourt, as administrator of the estate of her
mother, Carolyn Black, asserts fourteen claims, based on
allegations that her mother died as a result of eating ground
beef tainted with E. coli bacteria that was initially supplied
by Greater Omaha Packing Company, Inc., processed and
distributed by Fairbank Reconstruction Corp., and sold by Shaw’s
Supermarkets (“Shaw’s).

In her First Amended Complaint,

Precourt describes both herself and Shaw’s as citizens of
Massachusetts, yet contends that this court has subject-matter
jurisdiction pursuant to 28 U.S.C. § 1332(a).

The diversity

statute does provide that “the legal representative of the
estate of a decedent shall be deemed to be a citizen only of the
same State as the decedent,” 28 U.S.C. § 1332(c)(2), but here,
Precourt has made no factual allegations concerning the

citizenship of Carolyn Black.

Thus, it is not apparent from the

face of the complaint that this court has subject-matter
jurisdiction over Precourt’s claims.

Moreover, “a court has an

obligation to inquire sua sponte into its subject matter
jurisdiction, and to proceed no further if such jurisdiction is
wanting.”

Goden v. Schencks, 629 F.3d 79, 83 (1st Cir. 2010)

(quoting In re Recticel Foam Corp., 859 F.2d 1000, 1002 (1st
Cir. 1988)).

Accordingly, Precourt has ten days from the date

of this order to show cause why this case should not be
dismissed for lack of subject-matter jurisdiction.
SO ORDERED.

__________________________
Landya McCafferty
United States Magistrate Judge

February 21, 2012
cc:

Paula J. Clifford, Esq.
Christopher P. Dombrowicki, Esq.
Andrew D. Dunn, Esq.
Stephen P. Ellenbecker, Esq.
D. Patterson Gloor, Esq.
Robert E. Mazow, Esq.
Brian D. Nolan, Esq.
Stephen J. Schulthess, Esq.
Shawn K. Stevens, Esq.
Ralph A. Weber, Esq.

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