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Ghiazza v. Anchorage Marina Inc.

Court Lacks Jurisdiction Over Action Seeking Boat's Delivery Free From All Encumbrances

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OPINION & ORDER Plaintiff Jeffrey Ghiazza (“Plaintiff”) pursues several state law tort claims against Defendants Anchorage Marina, Inc. (the “Marina”), Anchorage Restaurant and Marina (the “Restaurant”), Julie Swarthout (“Swarthout”) (collectively, the “Anchorage Defendants”), and Lawrence W. Ghiazza, Jr. (“Defendant Ghiazza”). (See Compl. (Dkt. No. 2).) Before the Court are the Anchorage Defendants’ and Defendant Ghiazza’s respective Motions To Dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6). (Not. of Ghiazza Mot. (Dkt. No. 25); Not. of Anchorage Mot. (Dkt. No. 29).) For the following reasons, the Motions are granted, and the case is dismissed for lack of subject matter jurisdiction. I. Background A. Factual Background The following factual allegations, drawn from Plaintiff’s Complaint, are taken as true for the purposes of deciding the instant Motions: Plaintiff and Defendant Ghiazza, residents of New York State, are the children of Lawrence W. Ghiazza, Sr. and Helene A. Ghiazza (the “Parents”). (Compl.

5, 9, 15-16.) At some point prior to the initiation of the case, Plaintiff performed renovations on the mobile home property of the Parents, for which the Parents owed Plaintiff approximately $13,650. (Id.

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