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Other Fraud | Massachusetts
Order
Judge George A. OToole, Jr: ELECTRONIC ORDER entered.
"Federal courts are courts of limited jurisdiction." Fafel v. Dipaola, 399 F.3d 403, 410 (1st Cir. 2005). "To that end, federal courts have jurisdiction for at least the limited purpose of determining whether they have jurisdiction." Id. In their First Amended Complaint, the plaintiffs asserted jurisdiction under the Class Action Fairness Act, statutorily set forth in 28 U.S.C. § 1332(d). They make no claim under either of the two most common bases for asserting federal jurisdiction. Because their claims arise solely under Massachusetts statutory law, federal question jurisdiction is not established under 28 U.S.C. § 1331. Although the plaintiffs and defendants are citizens of different States, their two combined damage claims do not come close to meeting the statutory minimum required by 28 U.S.C. § 1332(a). In a prior ruling, this Court denied the plaintiffs' motion to certify their proposed class because they did not sufficiently establish compliance with the requirements of Rule 23(a) or 23(b)(3). See 28 U.S.C. § 1332(d)(1)(B). (Op. & Order 36, Aug. 29, 2022 (dkt. no. 77).) As a necessary consequence of that ruling, the provisions of § 1332(d) are not and cannot be satisfied, and this Court's jurisdiction cannot be established in reliance on that subsection. No justifiable basis for this Court's exercise of subject matter jurisdiction exists, and this action is accordingly DISMISSED. (de Oliveira, Flaviana)
Order Dismissing Case
Judge George A. OToole, Jr: ORDER entered. ORDER DISMISSING CASE. (de Oliveira, Flaviana)
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