Notice of Removal from Aroostook County Superior Court , Case Number CARSC-CV-2026-013. Payment of Filing FEE DUE Within 48 Hours. IF Filing FEE IS Being Paid with a Credit Card Counsel ARE Instructed to Login to Cmecf and Docket Case Opening Filing Fee Paid Found in the Complaints and Other Initiating Documents Category. Check Payments DUE Within 48 Hours., Filed by Allagash Timberlands LP. (Service of Process Deadline 6/25/2026) Fee Due by 3/30/2026. (Attachments: # 1 Declaration of Nolan L. Reichl, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Declaration of Jason Limongelli)

Document #1 Filed 03/27/2026 · 6 pages · District Court, D. Maine · View original PDF

1Plaintiffs Joseph P. Kelly, Manda L. Kelly, and Cara L. Merrill (“Plaintiffs”) commenced this action by serving Allagash with a Summons and Complaint in the State Court Action on February 26, 2026.

Allagash Has Satisfied the Procedural Requirements for Removal.

2Pursuant to 28 U.S.C. § 1446(b)(2), this Notice of Removal is timely as it has been filed with the Court within thirty (30) days after service of the Summons and Complaint in the State Court Action.

3Pursuant to 28 U.S.C. § 1446(b)(2)(A), Allagash desires to remove the State Court Action to this Court. There are no other Defendants.

4Because this Court has original jurisdiction of this action pursuant to 28 U.S.C. § 1332(a)(2), this action may be removed to this Court pursuant to 28 U.S.C. §§ 1441(a) and 1446(a).

5The United States District Court for the District of Maine is the federal judicial district encompassing the Superior Court of Aroostook County, Maine, where suit was originally filed. Venue therefore is proper in this judicial district under 28 U.S.C. § 1441(a).

6Pursuant to 28 U.S.C. § 1446(a), copies of the Complaint, Summary Sheet, and Summons that were served on Allagash are attached as Exhibits A through C to the Declaration of Nolan L. Reichl (“Reichl Decl.”).

7On March 13, 2025, counsel for Allagash filed a consented-to motion and proposed order to extend the deadline to file a responsive pleading until and including April 17, 2026, along with a proposed order on the consented-to motion and counsel’s entries of appearance. Reichl Decl. Ex. D through G.

8The Aroostook Superior Court - Caribou granted the above-referenced consented- to motion in an Order dated March 16, 2026 and attached as Reichl Decl. Ex. H.

9Allagash is not aware of any further proceedings having occurred in the State Court Action other than as described above and reflected in Exhibits A though H to the Reichl Declaration. Reichl Decl. ¶ 10.

10Counsel for Allagash has requested a certified copy of the state court record from the clerk of the Aroostook Superior Court – Caribou and will submit the state court record to this Court upon receipt. Reichl Decl. ¶ 11.

11Pursuant to 28 U.S.C. § 1446(d), Defendant this same day will transmit a copy of this Notice of Removal to the Aroostook County Superior Court - Caribou and will send copies of this Notice of Removal to Plaintiff’s counsel.

II.

Jurisdiction Exists under 28 U.S.C. § 1332(a).

12The preponderance of the evidence demonstrates that this is a civil action arising between citizens of different states in which the matter in controversy exceeds the sum of $75,000, exclusive of interest and costs, such that this Court may exercise jurisdiction over this matter pursuant to 28 U.S.C. § 1332(a).

13The following facts demonstrate by at least a preponderance of the evidence that there is complete diversity between Plaintiff and Defendant:

a. Plaintiff Joseph P. Kelly is an individual residing in Aroostook County,

Maine. See Complaint, Ex. A to Reichl Decl. (the “Complaint”) ¶ 3; see also Ex. B to Reichl Dec. at 2 (Summary Sheet, listing Kelly’s address in Aroostook County, Maine).

b. Plaintiff Manda L. Kelly is an individual residing in Aroostook County,

Maine. See Complaint ¶ 3; Ex. B to Reichl Dec. at 2 (Civil Summary Sheet, listing Kelly’s address in Aroostook County, Maine).

c. Plaintiff Cara L. Merrill is an individual residing in Aroostook County, Maine.

See Complaint ¶ 4; Ex. B to Reichl Dec. at 3 (Civil Summary Sheet, listing Merrill’s address in Aroostook County, Maine).

d. Defendant Allagash Timberlands LP is a limited partnership. Complaint ¶ 5;

Declaration of Jason Limongelli (“Limongelli Dec.”) ¶ 3.

e. Defendant Allagash Timberlands LP is owned by four partners: J. D. Irving,

Limited, Consolidated Rambler Mines Limited, Eagle Lake Timberlands Inc., and Allagash Holdings Limited. Limongelli Dec. ¶ 4.

f. J. D. Irving, Limited is a New Brunswick, Canada corporation with a principal

place of business in New Brunswick, Canada. Limongelli Dec. ¶ 5. That is the location from which its executives direct, control, and coordinate the corporation’s activities. Id.

g. Consolidated Rambler Mines Limited is an Ontario, Canada corporation with

a principal place of business in Ontario, Canada. Limongelli Dec. ¶ 6. That is the location from which its executives direct, control, and coordinate the corporation’s activities. Id.

h. Eagle Lake Timberlands Inc. is a New Brunswick, Canada corporation with a

principal place of business in New Brunswick, Canada. Limongelli Dec. ¶ 7. That is the location from which its executives direct, control, and coordinate the corporation’s activities. Id.

i. Allagash Holdings Limited is a New Brunswick, Canada corporation with a

principal place of business in New Brunswick, Canada. Limongelli Dec. ¶ 8. That is the location from which its executives direct, control, and coordinate the corporation’s activities. Id.

14Thus, while Plaintiffs are citizens of Maine, Defendant is a citizen of Canada. See BRT Mgmt. LLC v. Malden Storage LLC, 68 F.4th 691, 696 (1st Cir. 2023) (for purposes of a limited partnership, it is “the members’ citizenships that are relevant for jurisdictional purposes, not the principal place of business or the state of organization of the entity”).

15The following facts demonstrate by at least a preponderance of the evidence that the matter in controversy exceeds the sum or value of $75,000:

a. Plaintiffs seek a declaratory judgment declaring they have acquired fee simple

ownership of approximately 80 acres of property located in Allagash, Aroostook County, Maine by adverse possession. See Complaint ¶¶ 6, 23-30.

b. In cases seeking declaratory relief with respect to title to real property, it is

well-established that the fair market value of the property in question may be included in determining the amount in controversy. See Emigrant Mortg. Co., Inc. v. Bourke, 712 F. Supp. 3d 164, 172–73 (D. Mass. 2024), aff'd, 127 F.4th 385 (1st Cir. 2025).

c. The fair market value of the subject approximately 80 acres of real property is

greater than $75,000. Limongelli Dec. ¶ 9.

16The foregoing demonstrates by at least a preponderance of the evidence that this Court has original jurisdiction over this action pursuant to 28 U.S.C. § 1332(a)(2), and that the action therefore may be removed to this Court pursuant to 28 U.S.C. § 1441(a).

WHEREFORE, Defendant Allagash Timberland LP respectfully gives notice that the State Court Action has been removed from the Maine Superior Court for Aroostook County - Caribou to the United States District Court for the District of Maine pursuant to 28 U.S.C. §§ 1332, 1441 and 1446, and requests that this Court assume jurisdiction over this action. Dated: March 27, 2026

/s/ Nolan L. Reichl Nolan L. Reichl Julia B. MacDonald PIERCE ATWOOD LLP Merrill’s Wharf 254 Commercial Street Portland, ME 04101 Tel: 207.791.1100 [email protected] [email protected] Attorney for Defendant Allagash Timberlands LP

Read the full filing

You’re reading pages 1–5 of 6. Register free to read the complete 6-page transcript on this page.

These are public U.S. federal court records, available free from PACER and the court. Registration unlocks our full on-page transcript — a convenience service.

Public U.S. federal court record (district court docket 73105871, document 1). Source via the RECAP Archive (Free Law Project). The same record is available from PACER. Informational only — not legal advice.