St. Marys Bank v. Creme, Inc.

Opinion

St. Marys Bank v. Creme, Inc. CV-96-292-M 10/03/97 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

St. Mary's Bank

v. Civil No. 96-292-M

Creme, Inc., individually and as it is the general partner of Seventh RMA Partners P.P., individually

O R D E R

Plaintiff, St. Mary's Bank, has filed an amended

jurisdictional allegation to address the deficiency pertaining to

defendant Seventh RMA Partners, L.P. that was identified in this

court's order dated August 22, 1997. St. Mary's Bank now alleges

that the limited partners of defendant Seventh RMA are Delaware

business entities, specifically a limited liability partnership,

a limited liability company, and a corporation. St. Mary's also

alleges, on information and belief, that "all individuals in turn

holding eguity interests in these constituent entities are

likewise domiciled in states other than New Hampshire."

Fearing that its amended jurisdictional allegation may still

be insufficient, St. Mary's asks for additional time within which

to plead specific jurisdictional information with respect Seventh

RMA's component entities if that is necessary to fulfill its

jurisdictional pleading obligation. To the extent that St.

Mary's amended jurisdictional allegation pleads that the

individual partners of Linch Partnership, L.P. are not New

Hampshire residents and the remaining partners and their component entities are also not New Hampshire residents, it is

sufficient to state the grounds for asserting subject matter

jurisdiction pursuant to 28 U.S.C.A. § 1332. See Carden v.

Arkoma Assocs., 494 U.S. 185, 195 (1990); accord Cerberus

Partners, L.P., et al. v. Gadsbv & Hannah, No. CA 97-033ML, 1997

WL 556277 at *4 (D.R.I. Aug. 19, 1997)(citing cases); see also

Fed. R. Civ. P. 11 (b) .

The court notes, however, that St. Mary's has not yet filed

its amended complaint in the form reguired by the Local Rules,

see LR 15.1, and may have some doubt as to the facts included in

the amended jurisdictional allegation, see Fed. R. Civ. P. 11(b).

As the time provided to file an amended complaint expired on

September 19, the court grants St. Mary's an extension of time

until Friday, October 17, 1997, to file its amended complaint.

Accordingly, plaintiff's motion to extend time (document no.

26) is granted in part as explained in this order.

SO ORDERED.

Steven J. McAuliffe United States District Judge

October 3,1997

cc: Kevin M. Fitzgerald, Esg. Scott F. Innes, Esg. Kevin J. Toner, Esg.