indicating he had filed a complaint in Rhode Island Superior Court for Washington County that morning, naming as defendants Dr. Kolodner, her husband, Monty Gold, the architects to the project, Herb Arnold and Michael Arnold d/b/a H.L. Arnold Jr. & Associates (“Arnold”), and the engineers on the project, Carrigan Engineering, Inc. (“Carrigan”). Ms. Radiches filed her complaint on behalf of Dr. Kolodner in U.S. District Court at approximately 3:00 pm the same day, naming Lawrence Builders and its president Steven Lawrence as the defendants. On or about January 3, 2006, Plaintiff filed a First Amended Complaint in Rhode Island Superior Court, and it is this Complaint the Court considers in deciding the instant dispute. Mills v. Allegiance Healthcare Corp., 178 F.Supp.2d 1, 4 (D.Mass.2001)(<HOLDING>)(citing Pullman Co. v. Jenkins, 305 U.S. 534,
holding that under the probate exception to federal diversity jurisdiction a court must examine the substance of the relief that plaintiffs are seeking and not the labels that they have used holding that for purposes of determining whether complete diversity exists a court must examine the plaintiffs pleading as of the time of the petition for removai holding that the trial court must examine the entire course of criminal conduct in determining possession holding that the court cannot examine the underlying merits of the claims in determining whether to certify a class holding that in order for a defendant to remove a case to federal court based upon diversity jurisdiction there must be complete diversity of citizenship both at the time that the case is commenced and at the time that the notice of removal is filed