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Motor Vehicle | New York Eastern
Order to Show Cause
ORDER TO SHOW CAUSE. Defendants are ORDERED TO SHOW CAUSE BY 8/19/2026 why this action should action should not be remanded to the Supreme Court, Kings County, because the Notice of Removal has the following defects: (1) the notice alleges that defendant System Freight "operates" in New Jersey. The Judicial Code does not reference where a party "operates." It only references "principal place of business"; (2) the notice alleges that plaintiff's damages claim exceeds $75,000 but defendants assert that conclusion based on papers that are not annexed to the notice. Defendants cannot piece together medical information and draw an inference as to the amount in controversy. See Livetsky v. Ahold Delahize USA, Inc., No. 23-cv-1549, 2023 WL 2711317, at *2 (E.D.N.Y. March 30, 2023). Rather, the proper procedure is to serve plaintiff with a C.P.L.R. 3017(c) request for a damages demand. Id. Until defendants receive such a demand or other paper from plaintiff "that explicitly specifies the amount of monetary damages sought," defendants 30-day removal clock has not begun to run. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010). In the meantime, defendants aren't permitted to guess at the damages that plaintiff may seek; and (3) the state court action was pending in Kings County Supreme Court, but the notice recites that it will be filed in Nassau County Supreme Court, which makes no sense. Ordered by Judge Brian M. Cogan on 8/12/2026. (PW)
Quality Control Check - Attorney Case Opening
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SDM)
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