Fernandez-Aviles et al v. Miranda-Aviles
Filing
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OPINION AND ORDER dismissing this case for lack of subject matter jurisdiction. Signed by Judge Gustavo A. Gelpi on 6/14/2012.(TC)
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IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF PUERTO RICO
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ROLANDO FERNANDEZ-AVILES,
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Plaintiff,
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v.
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Civil No. 12-1463 (GAG)
ELMER O. MIRANDA-AVILES, et al.,
Defendants.
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OPINION AND ORDER
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This case must be dismissed for want of jurisdiction. The complaint states that Rolando
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Fernandez-Aviles (“Plaintiff”) is a United States citizen currently residing in Venezuela. (See
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Docket No. 1 at ¶ 1.) The defendants in this case, Elmer O. Miranda-Aviles and Puerto Rico
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Surgical Technologies, Inc. (collectively “Defendants”) are both citizens of Puerto Rico for diversity
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purposes. (See id.) When invoking this court’s diversity jurisdiction, 28 U.S.C. § 1332, there must
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be complete diversity between all plaintiffs and all defendants.
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Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 126 (1st Cir. 2011). In order to demonstrate
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complete diversity, Plaintiff must demonstrate that he is a citizen of one of the fifty states or of
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Puerto Rico, the District of Columbia, or another territory. See 28 U.S.C. 1332(e) (“The word
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“States”, as used in this section, includes the Territories, the District of Columbia, and the
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Commonwealth of Puerto Rico.”) United States citizens, who do not reside in any state as defined
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by the statute, are citizens of no state and their stateless status destroys complete diversity. See
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Zwirn, 661 F.3d at 126 (citing Newman–Green, Inc. v. Alfonzo–Larrain, 490 U.S. 826, 829 (1989)).
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In this case, Plaintiff admittedly is a United States citizen residing in Venezuela. Therefore, this
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court does not have jurisdiction to adjudicate the controversy. Plaintiff must pursue this action in
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state court. This court expresses no opinion on the merits of the claims; nor the injunctive relief
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sought.
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See D.B. Zwirn Special
Civil No. 12-1463 (GAG)
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SO ORDERED.
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In San Juan, Puerto Rico this 14th day of June, 2012.
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S/Gustavo A. Gelpí
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GUSTAVO A. GELPÍ
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United States District Judge
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