(1st Cir. 2022)-JURISDICTION-28 U.S.C. 1332(a)(1)--VS PR, LLC v. ORC Miramar Corp., No. 21-1112

JUSTIA OPINION SUMMARY: The First Circuit affirmed the decision of the United States District Court for the District of Puerto Rico dismissing without prejudice this collection and foreclosure action that VS PR, a limited liability corporation, brought against several defendants, holding that the district court did not err in denying Defendants' motion to dismiss for lack of jurisdiction. In a motion to dismiss for lack of jurisdiction, Defendants argued that VS PR had not established that complete diversity between the parties existed as required by 28 U.S.C. 1332(a)(1). The district court denied the motion to dismiss without prejudice. VS PR later filed a motion to dismiss the complaint voluntarily pursuant to Fed. R. Civ. P. 41(a)(2). The district court granted the motion for voluntary dismissal and dismissed the action without prejudice. The First Circuit affirmed, holding that Rule 41(a) requires that an action must be dismissed with prejudice following a voluntary dismissal pursuant to a court order only when the court order so provides. https://cases.justia.com/federal/appellate-courts/ca1/21-1112/21-1112-2022-05-13.pdf?ts=1652819423