Order | Filed: July 12, 2026
| Entered: July 12, 2026
Sullivan v. Aircraft Services Group, Inc. et al
P.I.: Other | New York Eastern
Order(Other)
ORDER. The Court has reviewed the parties' joint response to the Court's June 23, 2026 Order addressing this Court's subject matter jurisdiction. (ECF No. 104 .) The parties have established that this Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1332(a).
A district court's jurisdiction is assessed "based on the state of facts that existed at the time of filing." Hain Celestial Grp., Inc. v. Palmquist, 607 U.S. 421, 428 (2026). At the time this action was initiated, Plaintiff Justin Sullivan was a citizen of Massachusetts. Sullivan attests in a declaration that "[a]t all times material to this action," he (1) lived primarily in Massachusetts, (2) his personal, professional, and family life were based in Massachusetts, and (3) his personal property and belongings were in Massachusetts. (ECF No. 104 -3, paras. 2-5.) Though Sullivan relocated to Puerto Rico after initiating this action, Sullivan has shown that, for the purposes of diversity jurisdiction, he was domiciled in, and is a citizen of, Massachusetts. Id., paras. 6-7; see also Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49, 53 (2d Cir. 2019) ("An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," or in other words, "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning."); Lever v. Lyons, No. 16-cv-5130, 2021 WL 302648, at *7 (E.D.N.Y. Jan. 28, 2021) (holding that facts considered when determining an individual's domicile include the state of a person's residence, driver's license, place of employment, and bank accounts).
With respect to Defendant Kerry Sailler, Sailler attests in a declaration that she (1) presently resides and has resided in New York since 2009, (2) is the owner of her New York residence, (3) is registered to vote in New York, (4) has a New York driver's license, (5) is employed in and pays taxes in New York, and (6) owns bank accounts, attends church services, and receives medical care from providers located in New York. (ECF No. 104 -1, paras. 2-11.) These facts are sufficient to establish that Sailler is domiciled in, and is a citizen of, New York. See Van Buskirk, 935 F.3d at 53; Lever, 2021 WL 302648, at *7.
With respect to Defendant Aircraft Services Group, Inc. ("ASG"), counsel for ASG attests that ASG is a New Jersey corporation with its principal place of business also in New Jersey. (ECF No. 104 -2 at 1.) In support, counsel for ASG attaches ASG's Business Entity Status Report, obtained from the New Jersey Department of the Treasury, Division of Revenue & Enterprise Services. (Id. at 2-5.) Accordingly, ASG is a citizen of New Jersey. See Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 48 (2d Cir. 2012) ("[F]or diversity purposes, a corporation is considered a citizen of the state in which it is incorporated and the state of its principal place of business.").
Lastly, there is a "reasonable probability" that the amount in controversy exceeds $75,000. Plaintiff "declares in good faith that the amount in controversy exceeds $75,000" in light of "the nature of the defamatory publication and its tendency to injure Plaintiff in his reputation and profession...." (ECF No. 104 at 1.) Plaintiff seeks general damages on his libel per se claim. In the Amended Complaint, he alleges, among other things, that the Email at issue caused him reputational harm as shown by the facts that he "lost several... business opportunities as a direct and proximate result of the allegations in the Email," that he "was forced to renegotiate leasing terms... on terms much less favorable... than those he had enjoyed prior to the publication of the Email," and that he "lost business opportunities" with "Barry Fetner," "Sean Siegal," "Barry Ritter," "John Cornwell," and "Katie Sugrue," who all "opted not to use Sullivans charter brokerage business because of Sullivan's inability to quote a competitive price following the termination of the MJS contract." (Am. Compl., paras. 58-61.)
Based on these allegations relatin... (truncated)
Notice | Filed: July 08, 2026
| Entered: July 08, 2026
Marchand LLC et al v. MTM Capital LLC et al
Contract: Recovery/Enforcement | Massachusetts
Notice of Hearing
ELECTRONIC NOTICE of Hearing.
This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible.
Audio access to the hearing may be available to the media and public. Please check the Court schedule. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html.
For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact the session here.
Status Conference set for 3/24/2027 10:15 AM in Remote Proceeding : Worcester before District Judge Margaret R. Guzman. (LB)