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Servicios Comerciales Lamosa v. De La Rosa

United States District Court, N.D. Texas, Dallas Division

March 29, 2018

SERVICIOS COMERCIALES LAMOSA, S.A. DE C.V. and REVESTIMIENTOS PORCELANITE, S.A. DE C.V., Plaintiffs,
v.
MAURICIO DE LA ROSA; MUNDO TILE LTD.; MT TRADING LLC; and MT GROUP REAL ESTATE LLC; Defendants.

          MEMORANDUM OPINION AND ORDER

          Sam A. Lindsay United States District Judge

         Before the court are Plaintiff Revestimientos Porcelanite, S.A. de C.V.'s Motion for Summary Judgment (Doc. 47), filed April 17, 2017; Plaintiff Servicios Comerciales Lamosa, S.A. de C.V.'s Motion for Summary Judgment (Doc. 50), filed April 17, 2017; Plaintiffs' Motion to Exclude the Opinion Testimony of Defendant Mauricio De la Rosa (Doc. 53), filed April 17, 2017; and Plaintiffs' Motion to Strike Jury Demand (Doc. 76), filed October 15, 2017. Upon reviewing the Original Complaint (“Complaint”) (Doc. 1), the court sua sponte concludes that Plaintiffs Servicios Comerciales Lamosa, S.A. de C.V. (“Lamosa”) and Revestimentos Porcelanite, S.A. de C.V. (“Porcelanite”) (collectively, “Plaintiffs”) have failed to establish that this court has subject matter jurisdiction over this action and, accordingly, in the exercise of its discretion, will allow Plaintiffs to file an amended pleading and will deny without prejudice all pending motions.

         I.

         On January 8, 2016, Plaintiffs brought this action against Defendants Mauricio de la Rosa (“Mr. de la Rosa”), MT Trading LLC, MT Group Real Estate LLC, and Mundo Tile, Ltd. (collectively, “Defendants”). Plaintiffs seek recovery of approximately $3 million in damages from Defendants for breach of contract claims arising from promissory notes and guaranties that Defendants executed in favor of Plaintiffs but have not paid. Defendants deny Plaintiffs' entitlement to recover under the promissory notes and guaranties and have asserted affirmative defenses of fraud, fraudulent inducement, and offset, as well as various counterclaims.

         In the Complaint, Plaintiffs assert that this court has subject matter jurisdiction “over this lawsuit pursuant to 28 U.S.C. § 1332 because Plaintiffs are non-U.S. citizens and Defendants are citizens of the United States and residents of the State of Texas, and the amount in controversy exceeds $75, 000, exclusive of interest and costs.” Compl. ¶ 7. With respect to the citizenship of the parties, Plaintiffs assert the following:

1. Plaintiff Servicios Comerciales Lamosa, S.A. de C.V. (“Lamosa”) is a foreign corporation organized under the laws of Mexico. Lamosa maintains its principal place of business in Mexico City, Mexico.
2. Plaintiff Revestimientos Porcelanite, S.A. de C.V. (“Porcelanite”) is a foreign corporation organized under the laws of Mexico. Porcelanite maintains its principal place of business in Mexico City, Mexico.
3. Defendant Mauricio de la Rosa is a resident of the State of Texas. Mr. de la Rosa may be served with summons at 890 Regal Row, Dallas, Texas 75247 or wherever he may be found.
4. Defendant MT Trading LLC is a limited liability company organized under the laws of the State of Texas, and maintains its principal place of business in Dallas, Texas. It may be served through its registered agent, MT Group Mgt LLC, whose representative Mauricio de la Rosa may be served at 890 Regal Row, Dallas, Texas 75247 or wherever he may be found. Upon information and belief, all members of MT Trading LLC are residents of the State of Texas and/or citizens of the United States.
5. Defendant MT Group Real Estate LLC is a limited liability company organized under the laws of the State of Texas, and maintains its principal place of business in Dallas, Texas. It may be served through its registered agent, Mauricio de la Rosa, at 890 Regal Row, Dallas, Texas 75247 or wherever he may be found. Upon information and belief, all members of MT Group Real Estate LLC are residents of the State of Texas and/or citizens of the United States.
6. Defendant Mundo Tile, Ltd. is a corporation organized under the laws of the State of Texas, and maintains its principal place of business in Dallas, Texas. It may be served through its registered agent, Mauricio de la Rosa, at 890 Regal Row, Dallas, Texas 75247 or wherever he may be found.

Compl. ¶¶ 1-6.

         Based on the allegations of the Complaint, for the reasons stated herein, the court determines that Plaintiffs have not set forth sufficient allegations for the court to determine whether complete diversity exists between the parties. Accordingly, the court will confine its analysis to this issue, as the pending motions cannot be ...


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