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Contract: Other | Massachusetts
Motion Hearing
Electronic Clerk's Notes for proceedings held before District Judge Julia E. Kobick: Motion Hearing held on 2/5/2026.
Case called. The Court notes the motion to remand was withdrawn by the plaintiffs and mentions it's order at ECF 19 and that we are here on the motion to sever. The Court hears arguments re: 13 MOTION to Sever and MOTION to Dismiss Plaintiff, Casablanca Solar Partners, LLC filed by Louth Callan Renewables LLC. The Court asks the parties their positions on mediation and if any settlement discussions have been made. The parties inform the Court they have not had any conversations about settlement or mediation, but both sides would have to talk to their clients. The Court asks the parties to talk to their clients about mediation and if they are interested, the Court directs the parties to reach out to the clerk for a referral to the Court's mediation program. The Court takes the matter under advisement.
Attorneys present: Timothy Madden for the Plaintiffs. Barry Rothschild and Luciana Salazar for the Defendant.Court Reporter: Catherine Zelinski at CAL.Zelinski.Steno@gmail.com. (Currie, Haley)
Order on Motion to Remand to State Court
District Judge Julia E. Kobick: ELECTRONIC ORDER entered.In light of the plaintiffs’ representation that they withdraw their motion to remand, see ECF 16 , at 6, 8, the motion to remand, ECF 9 , is DENIED as moot. The Court is satisfied that it has diversity jurisdiction over this action under 28 U.S.C. § 1332(a)(1). The amount in controversy exceeds $75,000, as plaintiffs Zebo Solar LLC and Casablanca Solar Partners I LLC allege damages of $185,000 and $250,000, respectively. ECF 1-2, at 2. There is also complete diversity of citizenship. The citizenship of each member of a limited liability company must be considered when determining whether diversity of citizenship exists between the parties. See BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 693 (1st Cir. 2023). The jurisdictional issue has the potential to be iterative: if any member of an LLC is another unincorporated organization, the court looks to the citizenship of that member, and so on. D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 126-27 (1st Cir. 2011) (per curiam). Here, plaintiff Zebo Solar LLC is a citizen of Massachusetts, ECF 17 , ¶ 1; plaintiff Casablanca Solar Partners I LLC is a citizen of Massachusetts, Florida, and California, id. ¶¶ 2-4; and defendant Louth Callan Renewables LLC is a citizen of Connecticut, ECF 15-1. (Currie, Haley)
In light of the plaintiffs’ representation that they withdraw their motion to remand, see ECF 16 , at 6, 8, the motion to remand, ECF 9 , is DENIED as moot. The Court is satisfied that it has diversity jurisdiction over this action under 28 U.S.C. § 1332(a)(1). The amount in controversy exceeds $75,000, as plaintiffs Zebo Solar LLC and Casablanca Solar Partners I LLC allege damages of $185,000 and $250,000, respectively. ECF 1-2, at 2. There is also complete diversity of citizenship. The citizenship of each member of a limited liability company must be considered when determining whether diversity of citizenship exists between the parties. See BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 693 (1st Cir. 2023). The jurisdictional issue has the potential to be iterative: if any member of an LLC is another unincorporated organization, the court looks to the citizenship of that member, and so on. D.B. Zwirn Special Opportunities Fund, L.P. v. Mehrotra, 661 F.3d 124, 126-27 (1st Cir. 2011) (per curiam). Here, plaintiff Zebo Solar LLC is a citizen of Massachusetts, ECF 17 , ¶ 1; plaintiff Casablanca Solar Partners I LLC is a citizen of Massachusetts, Florida, and California, id. ¶¶ 2-4; and defendant Louth Callan Renewables LLC is a citizen of Connecticut, ECF 15-1. (Currie, Haley)
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