Coma v. De Cuebas

356 F. Supp. 3d 198
CourtUnited States District Court
DecidedJanuary 24, 2019
DocketCIVIL NO. 16-1377 (GAG)
StatusPublished
Cited by2 cases

This text of 356 F. Supp. 3d 198 (Coma v. De Cuebas) is published on Counsel Stack Legal Research, covering United States District Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coma v. De Cuebas, 356 F. Supp. 3d 198 (usdistct 2019).

Opinion

GUSTAVO A. GELPI, United States District Judge *201Leylian Areces Coma ("Plaintiff") sued Dr. Jazmín Oliva de Cuebas and Dr. Roberto Hernández Orsini (collectively "Defendants") for injuries resulting from alleged negligent care afforded to Plaintiff by the Defendants. (Docket No. 21). Plaintiff invokes the Court's diversity jurisdiction pursuant to 28 U.S.C. § 1332. Id.

Before the Court is Defendants' Motion to Dismiss the Complaint for Lack of Subject Matter Jurisdiction (Docket No. 39) and Plaintiff's Response in Opposition to Defendants' Motion to Dismiss (Docket No. 52). Defendants contend that Plaintiff was domiciled in Puerto Rico at the time the Complaint was filed, and thus, the parties are not diverse. Id. Consequently, Defendants state that the Court lacks subject matter jurisdiction and Plaintiff's claims should be dismissed. Id.

I. Relevant Factual Background

On March 4, 2016, Plaintiff filed the instant action. (Docket No. 1). At that time Plaintiff, she attended Lynn University in Florida for undergraduate studies. (Docket Nos. 39 at 8; 52 at 6). Plaintiff did not register to vote in Florida. (Docket Nos. 39 at 9; 52 at 7). During her time in Florida, Plaintiff maintained her Puerto Rico driver's license. (Docket Nos. 52 at 7; 39 at 8).

While studying, Plaintiff was financially supported by her parents, so she could focus her full efforts on her studies. (Docket Nos. 52 at 7; 39 at 8). During her four years at Lynn University Plaintiff lived in on-campus housing. (Docket Nos. 39 at 8; 52 at 6-7). Plaintiff was considered an out of state student and at no point in time was registered as a Florida resident. Id. at 8, 11. In support, Plaintiff's university transcripts, provided by Defendants, listed her parents' address in Puerto Rico, to which she would return to during vacation. (Docket Nos. 39-2; 52 at 7). All medical records for Plaintiff listed said address as well. (Docket No. 39 at 9). While attending university Plaintiff opened a bank account, which remains her sole bank account till this day. (Docket No. 52 at 7). According to Plaintiff's deposition testimony it was her intention to stay in the United States and not return to Puerto Rico. (Docket Nos. 52 at 7; 52-13 at 14).

After graduation, Plaintiff pursued an internship and a master's program in Florida, which ultimately did not come to fruition. During the summer of 2017, when Plaintiff's plans fell through, she returned to Puerto Rico. (Docket No. 52 at 8-9). Plaintiff continued to search for job opportunities in the mainland United States. (Docket No. 52 at 9). Plaintiff was ultimately employed at Independent Pet Partners in Boston, Massachusetts. Id.

Despite Plaintiff's assertion that she wished to remain in the United States, however, the preponderance of evidence must demonstrate to the Court that she changed her domicile from Puerto Rico to Florida prior to filing the Complaint. Garcia Perez v. Santaella, 364 F.3d 348, 349 (1st Cir. 2004).

II. Standard of Review

As courts of limited jurisdiction, federal courts must resolve questions related to their subject-matter jurisdiction before addressing the merits of a case. Destek Grp. v. State of N.H. Pub. Utils. Comm'n, 318 F.3d 32, 38 (1st Cir. 2003). The party asserting jurisdiction has the burden of demonstrating the existence of federal jurisdiction. Viqueira v. First Bank, 140 F.3d 12, 16 (1st Cir. 1998). If it appears to the Court at any time that it lacks the statutory or constitutional power to adjudicate the case, it must dismiss the *202action, even in the absence of a challenge from any party. Arbaugh v. Y&H Corp., 546 U.S. 500, 514, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006) ; Nowak v. Ironworkers Local 6 Pension Fund, 81 F.3d 1182, 1187 (2d Cir. 1996).

Federal Rule of Civil Procedure 12(b)(1) offers the appropriate mechanism for challenging a court's subject-matter jurisdiction. Valentín v. Hosp. Bella Vista, 254 F.3d 358, 362 (1st Cir. 2001). The rule serves as a "large umbrella, overspreading a variety of different types of challenges to subject-matter jurisdiction." Id. at 362-63. A motion to dismiss brought under Rule 12(b)(1) is subject to a similar standard of review as a motion brought pursuant to Rule 12(b)(6). Boada v. Autoridad de Carreteras y Transportación, 680 F.Supp.2d 382, 384 (D.P.R. 2010) (citing Negrón-Gaztambide v. Hernández-Torres, 35 F.3d 25

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Bluebook (online)
356 F. Supp. 3d 198, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coma-v-de-cuebas-usdistct-2019.