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P.I.: Other | New York Southern
Case Remanded Out - State Court
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - State Court - Supreme Court of the State of New York, County of Bronx. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1Z E22 E53 02 1009 501 6 on 5/1/2025. (ar)
Order
TRANSFER ORDER: Defendants Crete Carrier Corporation and Shaffer Tracking removed this case from the Supreme Court for the State of New York, County of Bronx. ECF No. 1. Defendants removed under 28 U.S.C. § 1332(a) and § 1446 based on diversity jurisdiction. After Defendants removed the action, the parties learned that one necessary Defendant was a resident of New York. See ECF No. 13. Plaintiff amended his complaint, with Defendants' consent, to add this necessary Defend ant, thus defeating diversity jurisdiction. ECF No. 20; see also E.R. Squibb & Sons, Inc. v. Accident & Cas. Ins. Co., 160 F.3d 925, 930 (2d Cir. 1998) (explaining that diversity jurisdiction requires that "all of the adverse parties in a suit. .. be completely diverse with regard to citizenship."); Phoenix Four, Inc. v. Strategic Rsch. Corp., 446 F. Supp. 2d 205, 212 (S.D.N.Y. 2006) ("[I]f a single defendant is from the same state as the plaintiff, the district court loses diversity jurisdiction over the entire action."). Because the Court may no longer exercise subject matter jurisdiction over this case, the case is REMANDED to the Supreme Court for the State of New York, County of Bronx, pursuant to 28 U.S.C. § 1447(c). SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 4/30/2025) (ar) Transmission to Docket Assistant Clerk for processing.
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