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Motor Vehicle | New York Eastern
Letter
Letter addressed to Judge LaShann DeArcy Hall requesting exemption from compulsory arbitration by Luis Guarin (Jacobs, Eleazar)
Order on Motion to Remand to State Court
ORDER granting 6 Motion to Remand to State Court. The Court is in receipt of Plaintiff's 6 Motion and Defendant's 7 Response. In the 7 Response, Defendant concedes that "Plaintiff's Complaint fails to provide a specific amount requested as damages" and that Plaintiff has not "provide[d] either a settlement demand or a current demand for damages." ECF No. 7 at 1. Despite this, Defendant asserts that "this venue is proper." However, "[f]ederal jurisdiction cannot be based on surmise or guesswork." Hai Yang Liu v. 88 Harborview Realty, LLC, 5 F. Supp. 3d 443, 449 (S.D.N.Y. 2014) (quoting Salzstein v. Bekins Van Lines, Inc., 747 F. Supp. 1281, 1283 (N.D. Ill. 1990)). At this time, the Court cannot, based upon the state court complaint and the parties' submissions, reasonably assure itself that the amount-in-controversy requirement of 28 U.S.C. § 1332(a) has been satisfied. If Defendant does subsequently receive actual notice that the amount in controversy exceeds $75,000, he may still avail himself (for up to one year after the commencement of the action) of the removal provisions of 28 U.S.C. § 1446. See Moltner v. Starbucks Coffee Co., 624 F.3d 34, 38 (2d Cir. 2010) ("[T]he removal clock does not start to run until the plaintiff serves the defendant with a paper that explicitly specifies the amount of monetary damages sought."). On the present record, however, Defendant has failed to meet his burden of establishing grounds for removal of the action. Accordingly, Plaintiff's 6 Motion is granted, and this case is remanded to Supreme Court of the State of New York, County of Kings, case number 513182/2026. Ordered by Judge Nina R. Morrison on 6/25/2026. (MM)
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