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Avidia Bank
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Order | Filed: June 02, 2022 | Entered: June 02, 2022 Triseptagon, LLC v. Avidia Bank
Contract: Other | Massachusetts
Order on Motion to Remand to State Court
Judge Mark G. Mastroianni:Electronic order entered granting 7 Motion to Remand. First, Defendant, which bears the burden of demonstrating subject-matter jurisdiction, has not filed an opposition to the motion to remand nor has it requested an extension of time to do so. Defendants opposition was due on June 1, 2022. See Local Rule 7.1(b)(2). Second, the court agrees with Plaintiff on the merits that the complaint, which asserts state-law claims, does not arise under federal law merely because the loan at issue implicates the Paycheck Protection Program under the CARES Act. See, e.g., Shehan v. U.S. Dept of Just., 2020 WL 7711635 (S.D. Ohio Dec. 29, 2020). Accordingly, the court finds that it lacks subject-matter jurisdiction and will therefore remand this action back to state court. (Zamorski, Michael)
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Order | Filed: June 02, 2022 | Entered: June 02, 2022 Triseptagon, LLC v. Avidia Bank
Contract: Other | Massachusetts
Order of Remand to State Court
Judge Mark G. Mastroianni: ORDER entered. ORDER OF REMAND to the State Court. (Zamorski, Michael)
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Utility | Filed: June 02, 2022 | Entered: June 02, 2022 Triseptagon, LLC v. Avidia Bank
Contract: Other | Massachusetts
Remark
Remark: This case has been remanded to the Superior Court Department of the Hampden County Trial Court, and this courts original records will be mailed via U.S. Postal Service. The list of records sent include The Notice of Removal (Dkt. No. 1), along with the following docket entries 2,5,6,7,8 and 9. A CERTIFIED copy of this case docket sheet and the Order of Remand (Dkt. No. 22). Please note that all electronic entries are only available on the docket sheet. (Zamorski, Michael)
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