Burton Boone, III, and Diamond Boone v. Six Unit, LLC, Michael Lizotte, Erica Lizotte, and James & Stolt, LLC d/b/a Summit Real Estate

Summary

The United States District Court for the District of New Hampshire granted the pro se plaintiffs’ motion to allow a late-filed objection to defendants’ motions to dismiss. The court denied defendants’ motions to strike, denied the plaintiffs’ motion alleging fraud on the court, and denied defendants’ motions to strike affidavits submitted in connection with jurisdictional challenges. The court found excusable neglect based on the four-day delay, lack of prejudice, the plaintiffs’ pro se status, and the importance of considering the dismissal motions on their merits.

Holdings

1. Plaintiffs established good cause and excusable neglect under Rule 6(b)(1)(A), so the court accepted their opposition filed four days late.
2. The Summit Defendants' erroneous certificate of service did not constitute fraud on the court.
3. On a Rule 12(b)(2) jurisdictional challenge, the court may consider relevant facts from the pleadings and supplemental filings, including affidavits, while crediting the plaintiff's version of genuinely contested facts.
4. On a Rule 12(b)(1) motion, the court may consider well-pleaded factual allegations and may supplement them with an explanatory affidavit or other repository of uncontested facts.

Questions Presented

1. Whether plaintiffs established excusable neglect and good cause warranting acceptance of their opposition filed four days late.
2. Whether the Summit Defendants' erroneous certificate of service constituted fraud on the court.
3. Whether affidavits and other supplemental materials may be considered in resolving motions to dismiss for lack of personal jurisdiction under Rule 12(b)(2).
4. Whether affidavits and other supplemental materials may be considered in resolving a motion to dismiss for lack of subject matter jurisdiction under Rule 12(b)(1).
5. Whether the affidavits submitted by plaintiffs were sufficiently relevant to the jurisdictional issues to avoid being stricken.

Disposition

other