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Sherman Atlas
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 Beck v. Metropolitan Bank Holding Corp. et al
Contract: Other | New York Eastern
Order to Show Cause
ORDER TO SHOW CAUSE: Defendants removed this action on October 11, 2023, alleging that there is diversity jurisdiction over this action under 28 U.S.C. § 1332(a). (Not. of Removal, ECF No. 1.) Plaintiff has filed a Motion to Remand, arguing that diversity jurisdiction does not exist. (Mot. to Remand, ECF No. 15.) Defendants' have opposed Plaintiff's Motion. (ECF No. 16.) On the current submissions, the Court has insufficient information to determine Plaintiff's domicile for the purposes of diversity jurisdiction.
Diversity jurisdiction under 28 U.S.C. § 1332(a) requires complete diversity among the plaintiffs and defendants and that the amount in controversy exceeds $75,000. See Tagger v. Strauss Grp. Ltd., 951 F.3d 124, 126 (2d Cir. 2020). "An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile," or in other words, "the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning." Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49, 53 (2d Cir. 2019). It is well-established that allegations of "residence alone is insufficient to establish domicile for jurisdictional purposes." Id.; accord RainMakers Partners LLC v. NewSpring Cap., LLC, No. 23-899, 2024 WL 1846321, at *2 n.1 (2d Cir. Apr. 29, 2024) ("[A] complaint that alleges that the plaintiff and defendant are merely residents of different states has failed adequately to allege the existence of diversity jurisdiction."); Canouse v. Protext Mobility, Inc., No. 22-1335-CV, 2023 WL 3490915, at *1 (2d Cir. May 17, 2023) ("[I]t is well-established that allegations of residency alone cannot establish citizenship.") (citing Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997)).
The Amended Complaint alleges that Beck is a resident of the State of New York, and provides the New York address where Beck "currently resides." (Not. of Removal, Ex. B para 5, ECF No. 1-2.) The only evidence Defendant provides for Beck's domicile in the Notice of Removal is this allegation in the Amended Complaint. (Not. of Removal para 13, ECF No. 1.) Defendant, as the party asserting jurisdiction in this action, bears the burden of establishing that the Court has diversity jurisdiction. See Proman o/b/o M/Y "EASTBOUND AND DOWN" v. Gatsby Yacht Grp., LLC, 599 F. Supp. 3d 127, 12930 (E.D.N.Y. 2022) (citing United Food & Com. Workers Union, Loc. 919, AFL-CIO v. CenterMark Props. Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994). Accordingly, by May 24, 2023, Defendant shall file with the Court proof of Plaintiff's place of domicile. Ordered by Judge Nusrat J. Choudhury on 5/21/2024. (NB) -
Order | Filed: May 21, 2024 | Entered: May 21, 2024 ENEL X WAY USA, LLC v. VALLEY NATIONAL BANK
Other Fraud | New Jersey
Order
TEXT ORDER As per today's Telephone Status Conference and for the reasons set forth on the record, on or before 5/24/24, Defense counsel shall submit by email the disputed interview notes for which the work product privilege is claimed and the privilege log to JSA_orders@njd.uscourts.gov for this Court's in camera review. In support of Plaintiff's motion to compel, Plaintiff shall file its opening letter brief of 10 pages or less double spaced on or before 5/30/24. Defendant shall file its opposition letter brief of 10 pages or less double spaced on or before 6/10/24. Plaintiff shall submit its reply letter brief, if any, of 5 pages or less double spaced on or before 6/17/24. The deadline for completion of fact discovery is extended through and including 7/30/24. The deadline for serving affirmative expert reports is extended through and including 8/30/24. The deadline for serving responsive expert reports is extended through and including 9/30/24. The deadline for completion of all expert discovery, including expert depositions, is extended through and including 10/30/24. A Telephone Status Conference is scheduled for 7/30/24 at 4:00 p.m. A joint status letter is due by 7/24/24. So Ordered by Magistrate Judge Jessica S. Allen on 05/21/2024. (Allen, Jessica)
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Order | Filed: May 21, 2024 | Entered: May 21, 2024 In re Broiler Chicken Antitrust Litigation
791(Labor: E.R.I.S.A.) | Illinois Northern
Order
ORDER Dismissing Certain Plaintiffs' Claims Against Fieldale With Prejudice. Signed by the Honorable Thomas M. Durkin on 5/21/2024. Mailed notice. (ecw, ) (Entered: 05/21/2024)
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