Esquilin-Mendoza v. DON KING PRODUCTIONS, INC.

            United States Court of Appeals
                       For the First Circuit
No. 09-1943

             DELIA ESQUILÍN-MENDOZA; DAYMAR VEGA-ROSA;
          MICHAEL TORRES-ROSARIO; ROBERTO PACHECO-ROSARIO,

                       Plaintiffs, Appellants,

                                 v.

                     DON KING PRODUCTIONS, INC.,

                        Defendant, Appellee.



            APPEAL FROM THE UNITED STATES DISTRICT COURT

                   FOR THE DISTRICT OF PUERTO RICO

            [Hon. Raymond L. Acosta, U.S. District Judge]


                               Before

            Torruella, Leval,* and Lipez, Circuit Judges.


     Louis A. De Mier Le-Blanc for appellants.
     Ricardo L. Díaz Soto for appellee.



                          February 18, 2011




     *
         Of the Second Circuit, sitting by designation.
     LEVAL,    Circuit    Judge.      Plaintiff     Delia     Esquilín-Mendoza

("Esquilín")    appeals    from    the   judgment    of   the      United   States

District Court for the District of Puerto Rico, dismissing her tort

claim against Don King Productions, Inc. ("DKP").                      The suit,

brought in federal court by virtue of diversity of citizenship, 28

U.S.C. § 1332, alleged that DKP acted negligently in seizing

Plaintiff’s    automobile     in     execution      of    a   court     judgment

notwithstanding a defect in the execution warrant, and in failing

to return the vehicle promptly when the court vacated the warrant.

Plaintiff claimed damages of approximately $1 million for emotional

distress and deprivation of the use of the automobile.                        The

district court dismissed the action and entered judgment for the

Defendant, based on its finding that Plaintiff had failed to

establish a causal connection between the Defendant’s actions and

her injury.    We hereby direct that the judgment be vacated and the

suit dismissed for lack of federal jurisdiction under § 1332

because it is a legal certainty that the "matter in controversy

[does not] exceed[] the sum or value of $75,000." 28 U.S.C. § 1332.

                                  BACKGROUND

     The pertinent facts of this case consist primarily of the

facts of the prior lawsuit brought by DKP.          DKP was the producer of

a closed-circuit telecast transmission of a championship boxing

match on March 1, 2003, between Roy Jones, Jr. and John Ruiz.                  DKP

distributed     this      televised      transmission         to     subscribing


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establishments in Puerto Rico.    On or about August 13, 2004, DKP

brought suit in the United States District Court for the District

of Puerto Rico against numerous restaurants, bars, and other like

establishments in Puerto Rico, and their owners, alleging that they

had violated Section 705 of the Communications Act of 1934, 47

U.S.C. § 605, by intercepting its closed-circuit transmission and

exhibiting it to their patrons.    DKP sought damages against each

defendant under the statute’s provision for a private cause of

action by "any person with proprietary rights in the intercepted

communication." 47 U.S.C. § 605(d)(6); § 605(e)(3)(A).   Among the

numerous defendants named in DKP’s suit were:

          30. Defendants Alberto López, his wife Delia López,

          and the conjugal partnership which they constitute

          . . . doing business as DELIA’S TACOS.

     Upon the failure of those defendants to answer the complaint,

the court noted the default and granted summary judgment to DKP,

awarding damages of $12,000.      The order of judgment named the

defendants as "Alberto López, individually and in representation of

the conjugal partnership between him and his wife Delia López,

a.k.a. Delía Esquilín d/b/a Delia’s Tacos."   Upon the defendants’

failure to pay the judgment, the court issued a writ of execution,

pursuant to which the United States Marshal seized the Plaintiff’s

1995 Toyota 4 Runner sport utility vehicle.   The writ, consistent

with DKP’s complaint, named "Alberto López, his wife Delia López,


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and the conjugal partnership which they constitute . . . doing

business as DELIA’S TACOS" as the defendants against whom judgment

had been entered.

     Esquilín then moved to set aside the judgment and the writ of

execution.    The basis of the motions was essentially that Delia,

the owner of Delia’s Tacos, is not married to Alberto López, so

that her surname is not López, as specified in DKP’s complaint, but

Esquilín, and that Alberto López is not an owner but an employee of

Delia’s Tacos.      DKP did not contest these motions.         The judgment

and writ of execution were therefore vacated, and on September 11,

2006, the court directed DKP to return the vehicle by September 25,

2006.     For reasons which are disputed by the parties (each side

accusing the other of failure to cooperate), the vehicle was not

restored to Delia Esquilín’s possession until October 2007.

     Esquilín then brought this action against DKP asserting gross

negligence    and    illegal    embargo.     She     claimed   damages   of

approximately one million dollars for deprivation of the vehicle,

extreme    mental   anguish    and   depression    resulting   from   public

humiliation, injury to her public dignity, and stress, which

exacerbated her heart problems.

     The District Court granted DKP’s motion to dismiss Esquilín’s

suit, ruling that she failed to establish a causal connection

between DKP’s actions and her alleged injuries, and that her own

acts and omissions contributed to her loss.


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                                DISCUSSION

     For cases brought in the federal courts on the basis of

diversity of jurisdiction, § 1332 of the Judicial Code of the

United States provides that jurisdiction lies only "where the

matter    in   controversy   exceeds   the   sum   or   value   of   $75,000,

exclusive of interests and costs."        28 U.S.C. § 1332.     Although no

party has questioned whether the district court had jurisdiction to

rule in this case, it is well established that the courts have a

duty to ensure that they are not called upon to adjudicate cases

which in fact fall outside the jurisdiction conferred by Congress.

Arbaugh v. Y & H Corp., 546 U.S. 500, 514 (2006).

     In St. Paul Mercury Indemnity Co. v. Red Cab Co., 303 U.S.

283, 288-89 (1938), the Supreme Court reviewed a case in which the

Court of Appeals had directed the remand to the state court of a

suit, which had been brought by the plaintiff in state court and

had been then removed by the defendant to federal court on the

basis of diversity of citizenship.        The complaint asserted damages

of $4,000, which exceeded the then-current threshold requirement of

$3,000.    The district court had found in the plaintiff’s favor on

the merits and awarded damages in the amount of $1,162.98.               The

Court of Appeals directed that the judgment be vacated and the case

remanded to the state court on the ground that the plaintiff’s

claim did not equal the amount necessary to give the District Court

jurisdiction.     Id. at 285.   The Supreme Court reversed the remand


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to state court and reinstated the judgment.            The Supreme Court

explained that the court’s eventual determination that the damages

were   less   than   the   jurisdictional   amount   did   not   negate   the

propriety of the plaintiff’s original claim for an amount that

exceeded the jurisdictional minimum.        The Supreme Court described

the test for determining satisfaction of the jurisdictional amount

as follows:

       The intent of Congress drastically to restrict
       federal jurisdiction in controversies between
       citizens of different states has always been
       rigorously enforced by the courts. The rule
       governing dismissal for want of jurisdiction in
       cases brought in the federal court is that, unless
       the law gives a different rule, the sum claimed by
       the plaintiff controls if the claim is apparently
       made in good faith.    It must appear to a legal
       certainty that the claim is really for less than
       the jurisdictional amount to justify dismissal.
       The inability of plaintiff to recover an amount
       adequate to give the court jurisdiction does not
       show his bad faith or oust the jurisdiction. Nor
       does the fact that the complaint discloses the
       existence of a valid defense to the claim. But if,
       from the face of the pleadings, it is apparent, to
       a legal certainty, that the plaintiff cannot
       recover the amount claimed or if, from the proofs,
       the court is satisfied to a like certainty that the
       plaintiff never was entitled to recover that
       amount, and that his claim was therefore colorable
       for the purpose of conferring jurisdiction, the
       suit will be dismissed.

Id. at 288-89.

       This discussion in St. Paul is confusing.      On the one hand, it

states, "[T]he sum claimed by the plaintiff controls if the claim

is apparently made in good faith. . . . The inability of plaintiff

to recover an amount adequate to give the court jurisdiction does

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not show his bad faith or oust the jurisdiction."    Id. at 289.   On

the other hand, another part of the Court’s explanation states

that, where it appears "to a legal certainty that the claim is

really for less than the jurisdictional amount," dismissal is

required. Id. (emphasis added).   "[I]f . . . from the proofs, the

court is satisfied to a [legal] certainty that the plaintiff never

was entitled to recover that amount, and that his claim was

therefore colorable1 for the purpose of conferring jurisdiction,

the suit will be dismissed."   Id.     The latter passage appears to

render irrelevant whether the plaintiff exercised good faith in

pleading entitlement to recover the jurisdictional amount when it

is clear "to a legal certainty" that he cannot recover a sufficient

amount.   Id.

     Our decisions have construed the Supreme Court’s summary to

mean that "legal certainty that the claim is really for less than

the jurisdictional amount," id., trumps the plaintiff’s good faith


     1
       Some further confusion arises from the Supreme Court’s use
of the term "colorable" where the term "not colorable" seems more
appropriate. In the legal context, the word is most commonly used
to mean having apparent validity, see Bryan A. Garner, A Dictionary
of Modern Legal Usage 124 (1st ed. 1987) ("used in the law in the
sense ‘having at least a prima facie aspect of justice or
validity’"), which does not seem compatible with the Court’s
explanation. It appears, however, that "colorable" also has a
secondary meaning which is very nearly the contrary of the first.
The Merriam-Webster Third New International Dictionary, for
example, gives as the first and second meanings, "1. Seemingly
valid and genuine, having an appearance of truth, right, or
justice, plausible" and "2. FEIGNED, FICTITIOUS, COUNTERFEIT."
Merriam-Webster Third New International Dictionary 449.         The
Supreme Court apparently had in mind the latter sense.

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in claiming for a larger amount.          See Barrett v. Lombardi, 239 F.3d

23, 30 (1st Cir. 2001) ("[T]he amount specified by the plaintiff

controls, as long as that amount is asserted in good faith.                 Hence,

a court can dismiss an action for insufficiency of the amount in

controversy only when, ‘from the face of the pleadings, it is

apparent, to a legal certainty, . . . that the plaintiff never was

entitled   to    recover’     a   sum   equal   to,   or    in   excess    of,    the

jurisdictional minimum." (citations omitted) (quoting St. Paul, 303

U.S. at 289)); see also Spielman v. Genzyme Corp., 251 F.3d 1, 5

(1st Cir. 2001); Dep't of Recreation & Sports v. World Boxing

Ass'n, 942 F.2d 84, 88 (1st Cir. 1991).

       Saying approximately the same thing in slightly different

terms in other cases, we construed the Supreme Court’s language in

St. Paul to mean that the plaintiff’s "good faith" in pleading the

jurisdictional       amount   includes     an   element     of   "objective      good

faith": jurisdiction is defeated notwithstanding the plaintiff’s

good   faith    in   claiming     for   the   jurisdictional      amount    if    one

familiar   with      the   applicable     law   could      not   reasonably      have

concluded that the claim was worth the jurisdictional amount.

Coventry Sewage Assoc. v. Dworkin Realty Co., 71 F.3d 1, 4-8 (1st

Cir. 1995); Jimenez Puig v. Avis Rent-A-Car System, 574 F.2d 37, 40

(1st Cir. 1978).

       The present case seems to us to fall squarely within the

contested territory between the divergent prongs of the Supreme



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Court’s explanation. Esquilín pleaded that, as the result of DKP’s

improper seizure of her car and its failure to return it promptly

when the judgment against her and the execution warrant were

vacated, she suffered not only deprivation of use of the vehicle

but also serious emotional injury resulting from her humiliation

and anxiety.   We have no reason to believe that Esquilín possesses

any sophisticated understanding of legal entitlements and thus have

no reason to question her good faith in asserting entitlement to

damages for these injuries.      If her good faith in making the claim

were   controlling,   federal   jurisdiction        would   lie    because   her

complaint pleaded injury far beyond the requisite jurisdictional

amount.

       On the other hand, examination of her claims and concessions

makes clear that she has no legal entitlement to recover damages

for any emotional or other injury caused by DKP’s execution of its

judgment   against    the   vehicle.   The   only    defect   identified     by

Esquilín in the proceedings that led to the seizure of the vehicle

was that, because of DKP’s mistaken belief that she was married to

her employee, López, her surname was written incorrectly in the

operative documents. DKP’s complaint was directed against "Alberto

López, his wife Delia López, and the conjugal partnership which

they constitute . . . doing business as DELIA’S TACOS."                      The

subject of the complaint was the unauthorized interception and

exhibition of DKP’s transmission at Delia’s Tacos.                The plaintiff



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Delia Esquilín acknowledges that she is the owner of Delia’s Tacos,

and has never denied that DKP’s closed-circuit transmission was

exhibited at Delia’s Tacos without DKP’s authorization.                        Her

allegations therefore show no impropriety in DKP’s having brought

suit and obtained judgment against her, or its subsequent seizure

of her car pursuant to a warrant of execution when she failed to

pay the judgment.      The fact that DKP erroneously believed that the

Delia who owned Delia’s Tacos was married to López and shared his

surname, and that DKP made out the court documents naming her in

that manner, in no way shows any impropriety in the seizure of her

car, given her admissions that she was the owner of Delia’s Tacos,

which illegally intercepted DKP’s transmission.              DKP’s suit was

thus properly brought against her; judgment and execution therefore

were   properly    entered     notwithstanding   the     mistake    as    to   her

surname.

       While Esquilín claims she was not served with process in DKP’s

suit, which resulted in the seizure of the car, it is clear on

careful reading of her allegations that she is not denying that the

summons and complaint were served on her. She is rather contending

that the service of the complaint should be deemed ineffective and

void because it named her by the wrong name.           Whatever merit there

may be to such a contention where a defendant reasonably believes

that the complaint served on her was not properly directed against

her    because    it   named   a   different   person,    that     is    not   the



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circumstance here.    It was unmistakably clear from the face of

DKP’s complaint that it was directed against Delia, the owner of

Delia’s Tacos, and that it related to the unauthorized interception

and exhibition of the fight telecast at Delia’s Tacos.    As Delia

Esquilín admits that she is Delia, the owner of Delia’s Tacos, and

did not deny that DKP’s telecast was exhibited at Delia’s Tacos,

she could not have had any reasonable doubt that the complaint

served on her was intended for her and sufficiently identified her.

     Therefore, notwithstanding her presumable good faith in making

the claim, we find it clear to a legal certainty that the plaintiff

Delia Esquilín has no legal entitlement to damages for emotional

injury resulting from the judgment against her and the consequent

seizure of her car.   These damage claims are all predicated on the

theory that DKP had no cause for the judgment that resulted in the

seizure of her car. But, notwithstanding its insignificant mistake

as to her marital status, DKP was entitled to judgment against

Delia, the owner of Delia’s Restaurant, and to seize her car in its

execution.

     Esquilín’s only plausible claim for damages relates to the

delay in returning the vehicle, which DKP and Esquilín each claim

was due to the fault of the other.       Assuming the validity of

Esquilín’s claim that DKP was at fault in failing to return the car

to her promptly following the court’s order, the only harm she

suffered from that wrong was the deprivation of the use of a



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vehicle for approximately thirteen months.   The rental value of an

equivalent car for the period of allegedly wrongful deprivation

constitutes the only damages to which she might have a plausible

entitlement.

     The cost of renting a vehicle equivalent to hers for this 13-

month period could not have approached $75,000.   By Esquilín’s own

admission, the rental of an equivalent vehicle would not have

exceeded $22,500.   One "familiar with the applicable law . . .

could [not] objectively have . . . viewed [the claim] as worth [the

jurisdictional minimum]."   Coventry, 71 F.3d at 6.   Because it is

clear to a legal certainty that Esquilín has no claim for damages

remotely approaching $75,000, we dismiss the case for want of

jurisdiction.

                            CONCLUSION

     The District Court’s judgment is hereby vacated and the suit

is dismissed for lack of federal jurisdiction.




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