Com. of Mass. v. V & M MANAGEMENT, INC., Civ. A. No. 90-12374-H.
| Court | United States District Courts. 1st Circuit. United States District Courts. 1st Circuit. District of Massachusetts |
| Writing for the Court | HARRINGTON |
| Citation | 752 F. Supp. 519 |
| Decision Date | 06 December 1990 |
| Docket Number | Civ. A. No. 90-12374-H. |
| Parties | COMMONWEALTH OF MASSACHUSETTS, Plaintiff, v. V & M MANAGEMENT, INC.; Alphonse Mourad, Individually and as the President and Officer of V & M Management; Felix Vasquez, Individually and as an Employee of V & M Management; and Mary Hill, Individually and as an Employee of V & M Management, Defendants. |
752 F. Supp. 519
COMMONWEALTH OF MASSACHUSETTS, Plaintiff,
v.
V & M MANAGEMENT, INC.; Alphonse Mourad, Individually and as the President and Officer of V & M Management; Felix Vasquez, Individually and as an Employee of V & M Management; and Mary Hill, Individually and as an Employee of V & M Management, Defendants.
Civ. A. No. 90-12374-H.
United States District Court, D. Massachusetts.
December 6, 1990.
Natalie Robin Hardy, Fitch, Miller & Tourse, Sarah M. Morison, Atty. Gen., Torts Div., Boston, Mass., for plaintiff.
Victor Aronow, Phoenix, Ariz., for defendants.
MEMORANDUM AND ORDER
HARRINGTON, District Judge.
Defendant V & M Management, Inc., and its sole shareholder, Alphonse Mourad, own and operate the Westminster/Willard Place low-income housing project in Roxbury,
This action was originally filed in the Massachusetts Superior Court. Defendants now petition for removal pursuant to 28 U.S.C. § 1441(c), asserting that this Court could have entertained original jurisdiction over this action under 28 U.S.C. § 1331. It is this limited question—the propriety of removal to the federal court— which now concerns this Court.
The Nature of the Case
In 1967 the Massachusetts Legislature enacted the Massachusetts Consumer Protection Act, Mass.Gen.L. ch. 93A ("Chapter 93A"). Chapter 93A seeks to ensure an equitable relationship between consumers and persons engaged in business by protecting consumers from "unfair or deceptive acts or practices in the conduct of any trade or commerce." Mass.Gen.L. ch 93A, § 2(a). The statute charges the Attorney General of the Commonwealth with promulgating rules and regulations defining "unfair and deceptive acts," Mass.Gen.L. ch. 93A, § 2(c), and it further empowers the Attorney General to bring an action in the name of the Commonwealth to restrain individuals from engaging in such acts. Mass.Gen.L. ch. 93A, § 4.
In the case before this Court, the Attorney General exercised his authority under Chapter 93A to bring suit against the defendants for alleged mismanagement of the Westminster/Willard Place housing project, neglect of property, and complete disregard for housing laws and regulations. The entire thrust of the action is that the defendants violated the State's extensive regulatory scheme governing the landlord/tenant relationship, and, thus, that they violated the Massachusetts Consumer Protection Act. The Commonwealth seeks to restrain the defendants from further violations, because it believes that enforcement of the housing laws is a matter of vital concern to the Commonwealth and its citizens.
Count I of the Commonwealth's Complaint delineates specific violations of Massachusetts and federal housing statutes and regulations which, pursuant to the Attorney General's Landlord-Tenant Regulations, 940 C.M.R. 3.17, constitute per se violations of Chapter 93A. In particular, Count I sets forth sixteen distinct violations of Massachusetts housing statutes or regulations and five violations of federal statutes or regulations which allegedly amount to "unfair and deceptive acts and practices" under Chapter 93A. (Complaint, ¶¶ 64-65). In addition, Counts II through XIII of the Complaint allege separate and independent violations of certain of these state or federal statutes or regulations. (Complaint, ¶¶ 66-97).
The Question of Removal
Defendants contend that Counts I, V, VII, VIII, IX and XIII are all dependent for their resolution, in whole or in part, upon the interpretation of federal laws, statutes, regulations and contracts.1 Thus, these claims, defendants argue, "arise under" the laws of the United States, and this Court has original jurisdiction over them. See 28 U.S.C. § 1331. The entire case is,
In its opposition to the defendants' Petition for Removal, the...
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Connolly v. Union Pacific R. Co., No. 4:05-CV-1905 CAS.
...for the assertion that defendants violated the statute and should be liable. Cf. Commonwealth of Massachusetts v. V & M Mgmt., Inc., 752 F.Supp. 519, 521 (D.Mass.1990), appeal dismissed, 929 F.2d 830 (1st Cir. 1991) (federal housing regulations were "indicia" and an element of a state consu......
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Ange v. Bush, Civ. A. No. 90-2792 (RCL).
...the court into this political process will only exacerbate the problems facing this nation. This lawsuit must be dismissed.8 752 F. Supp. 519 Accordingly, by separate order filed this date, defendants' motion to dismiss or for summary judgment will be granted, and plaintiff's cross-motion f......
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Williams-Ward v. Lorenzo Pitts, Inc., Civ. A. No. 93-11703-PBS.
...Vacation Trust, 463 U.S. 1, 13, 103 S.Ct. 2841, 2848, 77 L.Ed.2d 420 (1983); Commonwealth of Massachusetts v. V & M Management Inc., 752 F.Supp. 519, 521 (D.Mass.1990), aff'd, 929 F.2d 830 (1st Cir.1991). Moreover, where a federal cause of action completely pre-empts a state claim, that cla......
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Com. of Mass. v. V & M Management, Inc., No. 91-1111
...of federal law, falling within the original jurisdiction of the district court, and, thus, removal of the entire action was proper. 752 F.Supp. 519. 28 U.S.C. Sec. 1441(c). The district court indicated, however, that, were those five federal counts dismissed before trial, it might reconside......
-
Connolly v. Union Pacific R. Co., No. 4:05-CV-1905 CAS.
...for the assertion that defendants violated the statute and should be liable. Cf. Commonwealth of Massachusetts v. V & M Mgmt., Inc., 752 F.Supp. 519, 521 (D.Mass.1990), appeal dismissed, 929 F.2d 830 (1st Cir. 1991) (federal housing regulations were "indicia" and an element of a state consu......
-
Ange v. Bush, Civ. A. No. 90-2792 (RCL).
...the court into this political process will only exacerbate the problems facing this nation. This lawsuit must be dismissed.8 752 F. Supp. 519 Accordingly, by separate order filed this date, defendants' motion to dismiss or for summary judgment will be granted, and plaintiff's cross-motion f......
-
Williams-Ward v. Lorenzo Pitts, Inc., Civ. A. No. 93-11703-PBS.
...Vacation Trust, 463 U.S. 1, 13, 103 S.Ct. 2841, 2848, 77 L.Ed.2d 420 (1983); Commonwealth of Massachusetts v. V & M Management Inc., 752 F.Supp. 519, 521 (D.Mass.1990), aff'd, 929 F.2d 830 (1st Cir.1991). Moreover, where a federal cause of action completely pre-empts a state claim, that cla......
-
Com. of Mass. v. V & M Management, Inc., No. 91-1111
...of federal law, falling within the original jurisdiction of the district court, and, thus, removal of the entire action was proper. 752 F.Supp. 519. 28 U.S.C. Sec. 1441(c). The district court indicated, however, that, were those five federal counts dismissed before trial, it might reconside......