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Clemente v. Clemente, Jr.

Action Is Parallel to Surrogate's Court Cases, 'Colorado River' Factors Favor Abstention

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DECISION and ORDER Currently before the Court, in this action by Paul and Queenie Clemente (“Plaintiffs”) against Maribeth Clemente and Frank Clemente Jr. (“Defendants”) pursuant to 28 U.S.C. §1332(a)(1), is Defendants’ motion to dismiss for lack of subject-matter jurisdiction pursuant to Fed. R. Civ. P. 12(b)(1). (Dkt. No. 8.) For the reasons set forth below, Defendants’ motion is granted. I. BACKGROUND A. Summary of Factual Allegations of Plaintiffs’ Complaint1 Plaintiffs’ allegations in this case sprawl across 39 pages in the Complaint and paint a vivid picture of family drama. (Dkt. No. 1.) For brevity’s sake, the Court will focus only on the most relevant alleged facts herein. Plaintiff Paul Clemente is the son of Frank A. Clemente, Sr. (“Frank Sr.”), and Mary Ellen Clemente, who also had several other children including Defendants Frank Clemente, Jr., and Maribeth Clemente. (Dkt. No. 1,

19-50.) Paul Clemente and his wife, co-Plaintiff Queenie Clemente, took care of Frank Sr. and Mary Ellen for a period of roughly ten years at the family home in Troy, New York. (Id., 23.) During this time, Plaintiffs made great personal sacrifices and were promised fair compensation for their services. (Id.,

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