UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE
Martha I. O. Mogaji
v. Civil No. 20-cv-249-JD Opinion No. 2021 DNH 008 Rosa Chan, et al.
O R D E R
Martha I. O. Mogaji, proceeding pro se, brought suit in the
District of Massachusetts against the owners of property where
she rented space for her restaurant. She alleges that the
defendants interfered with her businesses and seized and damaged
her property. The case was transferred to this court based on
venue.
The defendants filed an answer and asserted a counterclaim
against Mogaji for breach of her lease. The defendants also
raised affirmative defenses of a lack of subject matter
jurisdiction, res judicata, and contributory negligence. The
magistrate judge held a preliminary pretrial conference to set a
discovery schedule and issued a scheduling order on August 18,
2020. Mogaji has moved for an extension of time to file motions
for summary judgment and made other filings pertaining to
discovery, and the defendants have filed a response. A. Jurisdiction
Federal courts are courts of limited jurisdiction and are
authorized to consider and decide only those cases that fall
within the scope of their jurisdiction. Kokkonen v. Guardian
Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). For that
reason, a court “is duty-bound to notice, and act upon, defects
in its subject matter jurisdiction sua sponte.” Spooner v. EEN,
Inc., 644 F.3d 62, 67 (1st Cir. 2011); Fort Bend County, Texas
v. Davis, 139 S. Ct. 1843, 1849 (2019). If jurisdiction is
lacking, a court can proceed no further in the case. Godin v.
Schencks, 629 F.3d 79, 83 (1st Cir. 2010).
In their answer, the defendants raised an issue about a
defect in subject matter jurisdiction in this case, arguing that
the amount in controversy requirement is not satisfied. The
plaintiff, as the party who invoked this court’s jurisdiction,
bears the burden of showing that jurisdiction exists. Lujan v.
Defenders of Wildlife, 504 U.S. 555, 561 (1992).
In her amended complaint, Mogaji asserts that subject
matter jurisdiction exists based on diversity of citizenship
under 28 U.S.C. § 1332. To meet her burden, Mogaji must show
that her citizenship is diverse from every defendant’s
citizenship and that the amount in controversy meets or exceeds
$75,000. § 1332(a).
2 1. Diversity
Mogaji has alleged that she is a citizen of Massachusetts
and that the defendants are citizens of New Hampshire. The
defendants do not dispute those allegations. Two of the
defendants, however, are entities rather than natural persons.
As alleged, one defendant is Nan King Restaurant. In their
answer, the defendants identified Nan King Restaurant as the
former name of a New Hampshire corporation, TRC Enterprise,
Inc., which has been dissolved. A corporation is a citizen of
every state in which it is incorporated. § 1332(c)(1). If, as
alleged, the corporation was dissolved, it may nonetheless
remain as a party for purposes of this suit. See, e.g.,
Dowgiert v. Hagopian, 2013 WL 1191896, at *1-*3 (D.N.H Mar. 22,
2013).
The other defendant entity is the TRC Trust, which the
defendants identify as a New Hampshire Realty Trust that owns
commercial real estate in New Hampshire. A trust, as an
unincorporated entity, has the citizenship of each of its
members. Americold Realty Trust v. Conagra Foods, Inc., 136 S.
Ct. 1012, 1016-17 (2016). The members of TRC Trust have not
been identified. Therefore, the complaint does not provide
allegations that show the parties are diverse.
3 2. Amount in Controversy
To support disputed jurisdiction under § 1332(a), the
plaintiff must allege facts to show that it is not a legal
certainty that the amount in controversy is less than $75,000.
Abdel-Aleem v. OPK Biotech LLC, 665 F.3d 38, 42 (1st Cir. 2012).
To carry that burden, the plaintiff must allege specific facts
in an amended complaint or provide supporting affidavits to
substantiate the amount in controversy. Id. The court will
dismiss the action if “it is apparent to a legal certainty, that
the plaintiff was never entitled to recover a sum equal to, or
in excess of, the jurisdictional minimum.” Esquilin-Mendoza v.
Don King Productions, Inc., 638 F.3d 1, 4 (1st Cir. 2011).
In the amended complaint, Mogaji alleges that the amount in
controversy is more than $75,000 because “[t]he Damages were
commercial properties of Forsyte Von Buren; Fharahs African
Restaurant; Softcharms Beauty Studio; Plaza Prints & Design
Studio, and Convenience Depot Store.” Doc. no. 4, at *4. She
further alleges that one defendant, Rosa Chan, stood in front of
the business and told the customers that there were issues with
the businesses, which caused customers to leave and caused five
established businesses to suffer. She alleges that Chan
supported other tenants in telling Mogaji “that Blacks were not
welcomed in their neighborhood [and] that [Mogaji] should leave
so they may move to [her] position in the premises.” Doc. no.
4 4, at *5. Chan also ignored her complaints about trash being
thrown in front of the businesses and cars being parked in front
of them. She further alleges that she could not obtain town
permits because the defendants would not sign the necessary
forms.
Mogaji’s allegations on their face do not provide
sufficient information to determine the amount in controversy.
Therefore, Mogaji must provide additional information, either in
the form of an amended complaint or through an affidavit, that
provides specific factual allegations about the harm and
injuries she claims and the amount of damages she seeks. Among
other relevant facts, Mogaji shall allege facts showing her
relationship to the businesses she alleges were harmed, the
businesses’ status, meaning whether they are incorporated or
not, the amounts she alleges that the businesses lost due to the
defendants’ actions, and the causes of any other losses or
damages that she is seeking.
3. State Court Decision
Mogaji also challenges a state court decision that granted
the defendants a writ of possession, which she alleges was
affirmed on appeal. To the extent Mogaji seeks to overturn a
state court decision, that claim is barred by the Rooker-Feldman
doctrine, because federal courts lack jurisdiction to review and
5 overturn state court judgments. See Tyler v. Supreme Judicial
Court of Massachusetts, 914 F.3d 47, 50 (1st Cir. 2019). Mogaji
shall provide specific factual allegations to clarify her claim
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE
Martha I. O. Mogaji
v. Civil No. 20-cv-249-JD Opinion No. 2021 DNH 008 Rosa Chan, et al.
O R D E R
Martha I. O. Mogaji, proceeding pro se, brought suit in the
District of Massachusetts against the owners of property where
she rented space for her restaurant. She alleges that the
defendants interfered with her businesses and seized and damaged
her property. The case was transferred to this court based on
venue.
The defendants filed an answer and asserted a counterclaim
against Mogaji for breach of her lease. The defendants also
raised affirmative defenses of a lack of subject matter
jurisdiction, res judicata, and contributory negligence. The
magistrate judge held a preliminary pretrial conference to set a
discovery schedule and issued a scheduling order on August 18,
2020. Mogaji has moved for an extension of time to file motions
for summary judgment and made other filings pertaining to
discovery, and the defendants have filed a response. A. Jurisdiction
Federal courts are courts of limited jurisdiction and are
authorized to consider and decide only those cases that fall
within the scope of their jurisdiction. Kokkonen v. Guardian
Life Ins. Co. of Am., 511 U.S. 375, 377 (1994). For that
reason, a court “is duty-bound to notice, and act upon, defects
in its subject matter jurisdiction sua sponte.” Spooner v. EEN,
Inc., 644 F.3d 62, 67 (1st Cir. 2011); Fort Bend County, Texas
v. Davis, 139 S. Ct. 1843, 1849 (2019). If jurisdiction is
lacking, a court can proceed no further in the case. Godin v.
Schencks, 629 F.3d 79, 83 (1st Cir. 2010).
In their answer, the defendants raised an issue about a
defect in subject matter jurisdiction in this case, arguing that
the amount in controversy requirement is not satisfied. The
plaintiff, as the party who invoked this court’s jurisdiction,
bears the burden of showing that jurisdiction exists. Lujan v.
Defenders of Wildlife, 504 U.S. 555, 561 (1992).
In her amended complaint, Mogaji asserts that subject
matter jurisdiction exists based on diversity of citizenship
under 28 U.S.C. § 1332. To meet her burden, Mogaji must show
that her citizenship is diverse from every defendant’s
citizenship and that the amount in controversy meets or exceeds
$75,000. § 1332(a).
2 1. Diversity
Mogaji has alleged that she is a citizen of Massachusetts
and that the defendants are citizens of New Hampshire. The
defendants do not dispute those allegations. Two of the
defendants, however, are entities rather than natural persons.
As alleged, one defendant is Nan King Restaurant. In their
answer, the defendants identified Nan King Restaurant as the
former name of a New Hampshire corporation, TRC Enterprise,
Inc., which has been dissolved. A corporation is a citizen of
every state in which it is incorporated. § 1332(c)(1). If, as
alleged, the corporation was dissolved, it may nonetheless
remain as a party for purposes of this suit. See, e.g.,
Dowgiert v. Hagopian, 2013 WL 1191896, at *1-*3 (D.N.H Mar. 22,
2013).
The other defendant entity is the TRC Trust, which the
defendants identify as a New Hampshire Realty Trust that owns
commercial real estate in New Hampshire. A trust, as an
unincorporated entity, has the citizenship of each of its
members. Americold Realty Trust v. Conagra Foods, Inc., 136 S.
Ct. 1012, 1016-17 (2016). The members of TRC Trust have not
been identified. Therefore, the complaint does not provide
allegations that show the parties are diverse.
3 2. Amount in Controversy
To support disputed jurisdiction under § 1332(a), the
plaintiff must allege facts to show that it is not a legal
certainty that the amount in controversy is less than $75,000.
Abdel-Aleem v. OPK Biotech LLC, 665 F.3d 38, 42 (1st Cir. 2012).
To carry that burden, the plaintiff must allege specific facts
in an amended complaint or provide supporting affidavits to
substantiate the amount in controversy. Id. The court will
dismiss the action if “it is apparent to a legal certainty, that
the plaintiff was never entitled to recover a sum equal to, or
in excess of, the jurisdictional minimum.” Esquilin-Mendoza v.
Don King Productions, Inc., 638 F.3d 1, 4 (1st Cir. 2011).
In the amended complaint, Mogaji alleges that the amount in
controversy is more than $75,000 because “[t]he Damages were
commercial properties of Forsyte Von Buren; Fharahs African
Restaurant; Softcharms Beauty Studio; Plaza Prints & Design
Studio, and Convenience Depot Store.” Doc. no. 4, at *4. She
further alleges that one defendant, Rosa Chan, stood in front of
the business and told the customers that there were issues with
the businesses, which caused customers to leave and caused five
established businesses to suffer. She alleges that Chan
supported other tenants in telling Mogaji “that Blacks were not
welcomed in their neighborhood [and] that [Mogaji] should leave
so they may move to [her] position in the premises.” Doc. no.
4 4, at *5. Chan also ignored her complaints about trash being
thrown in front of the businesses and cars being parked in front
of them. She further alleges that she could not obtain town
permits because the defendants would not sign the necessary
forms.
Mogaji’s allegations on their face do not provide
sufficient information to determine the amount in controversy.
Therefore, Mogaji must provide additional information, either in
the form of an amended complaint or through an affidavit, that
provides specific factual allegations about the harm and
injuries she claims and the amount of damages she seeks. Among
other relevant facts, Mogaji shall allege facts showing her
relationship to the businesses she alleges were harmed, the
businesses’ status, meaning whether they are incorporated or
not, the amounts she alleges that the businesses lost due to the
defendants’ actions, and the causes of any other losses or
damages that she is seeking.
3. State Court Decision
Mogaji also challenges a state court decision that granted
the defendants a writ of possession, which she alleges was
affirmed on appeal. To the extent Mogaji seeks to overturn a
state court decision, that claim is barred by the Rooker-Feldman
doctrine, because federal courts lack jurisdiction to review and
5 overturn state court judgments. See Tyler v. Supreme Judicial
Court of Massachusetts, 914 F.3d 47, 50 (1st Cir. 2019). Mogaji
shall provide specific factual allegations to clarify her claim
so that the court may determine whether jurisdiction exists to
consider the claim.
4. Parties
Mogaji is the only plaintiff in this case. It appears,
however, that she is alleging harm to five businesses. She has
not alleged whether those businesses are corporations,
partnerships, or other unincorporated entities. She also has
not alleged what relationship she has to the businesses.
The court’s jurisdiction is limited to cases or
controversies, meaning “a live dispute between adverse parties.”
Carney v. Adams, 141 S. Ct. 493, 498 (2020). One aspect of a
live dispute is that a party must have standing to bring the
suit. Id. A party has standing to bring suit only if that
party has suffered an actual injury that is traceable to the
defendants and would be redressable by a favorable ruling in
this case. Id.
In order to show that she has standing to bring the claims
she alleges, Mogaji must provide facts about the businesses that
she alleges were harmed. If the businesses are corporations,
they, but not Mogaji, have standing to bring the claims. If
6 they are other unincorporated entities, Mogaji may have
standing, depending on her ownership or interest in the
businesses. Therefore, Mogaji shall provide sufficient
information for the court to determine who the party or parties
in interest are in this suit.
In response to an amended complaint or an affidavit filed
by Mogaji, the defendants may move to dismiss for lack of
subject matter jurisdiction or file notice that they agree that
subject matter jurisdiction exists. In either case, the
defendants shall provide sufficient information about the Nan
King Restaurant and the TRC Trust to determine whether diversity
of citizenship exists.
B. Other Pending Matters
Because of the jurisdictional issue, the discovery schedule
established by the order, document no. 20, issued on August 18,
2020, is vacated. A new discovery schedule will be established
if the court has jurisdiction to proceed in this case. As a
result of the jurisdictional issue, the deadline for filing
motions for summary judgment is vacated, which renders Mogaji’s
motion for an extension of time moot. The requirement to file a
joint statement regarding the status of discovery is also
vacated.
7 In addition, Mogaji has filed discovery that she propounded
to the defendants. Discovery is conducted between the parties
and is not filed with the court unless relief is requested
pursuant to Federal Rule of Civil Procedure 37. The discovery
procedures are provided in Federal Rules of Civil Procedure 26
through 37. Although Mogaji is proceeding pro se, she must
comply with the Federal Rules of Civil Procedure and the Local
Rules in this district. LR 4.3(b). Therefore, the discovery
that Mogaji has filed is struck from the record.
Conclusion
For the foregoing reasons, the plaintiff’s motion to extend
the summary judgment deadline (doc. no. 21) is denied as moot.
The discovery materials filed by the plaintiff (documents
nos. 22 and 23) are struck.
On or before February 3, 2021, the plaintiff shall file an
amended complaint or an affidavit that alleges specific facts to
address the amount in controversy requirement, information about
the four businesses allegedly harmed by the defendants’ actions,
and the claim that challenges the state court decision, as is
provided in this order.
8 The defendants shall file their response within fourteen
days after the plaintiff’s filing.
SO ORDERED.
______________________________ Joseph A. DiClerico, Jr. United States District Judge January 12, 2021
cc: Martha I. O. Mogaji, pro se. Counsel of record.