Gradillas Court Reporters, Inc. v. Cherry Bekaert, Llp

UNPUBLISHED

UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT

No. 19-1098

GRADILLAS COURT REPORTERS, INC.,

Plaintiff - Appellant,

v.

CHERRY BEKAERT, LLP,

Defendant - Appellee,

and

DOES 1 THROUGH 50; SARA CRABTREE,

Defendants.

Appeal from the United States District Court for the Eastern District of Virginia, at
Norfolk. Rebecca Beach Smith, Senior District Judge. (2:17-cv-00597-RBS-RJK)

Submitted: March 26, 2020 Decided: March 31, 2020

Before NIEMEYER, MOTZ, and THACKER, Circuit Judges.

Affirmed by unpublished per curiam opinion.

Don Howarth, Suzelle Moss Smith, HOWARTH & SMITH, Los Angeles, California, for
Appellant. Kevin M. Murphy, J. Peter Glaws, IV, CARR MALONEY P.C., Washington,

2

D.C., for Appellee.

Unpublished opinions are not binding precedent in this circuit.

3

PER CURIAM:
Gradillas Court Reporters, Inc., appeals the district court’s order accepting the
recommendation of the magistrate judge and granting summary judgment in favor of
Cherry Bekaert, LLP on Gradillas’ claims of breach of contract and professional
negligence. We ordered supplemental briefing on the issue of whether complete diversity
existed between the parties such that the district court had subject matter jurisdiction under
28 U.S.C. § 1332 (2018), and this briefing has now been completed.
Pursuant to 28 U.S.C. § 1653 (2018), jurisdictional pleading defects may be cured
in the district court or on appeal. In accordance with this statute, Cherry Bekaert has
moved to supplement the record with affidavits attesting to the citizenship of its partners
and to amend the notice of removal to reflect this information. After reviewing the parties’
submissions relative to this motion, we grant Cherry Bekaert’s motion to supplement
the record and motion to amend the notice of removal.
We have reviewed the record as supplemented and find neither a jurisdictional
defect in the record nor any reversible error. Accordingly, we affirm for the reasons stated
by the district court. Gradillas Court Reporters, Inc. v. Cherry Bekaert, LLP, No. 2:17-cv-
00597-RBS-RJK (E.D. Va. Dec. 17, 2018). We dispense with oral argument because the
facts and legal contentions are adequately presented in the materials before this court and
argument would not aid the decisional process.
AFFIRMED