Try our Advanced Search for more refined results
Searching dockets in Rosato Firm x
Alert me of new activity
All Case Activity Alerts Include: Answers, Appeals, Complaints, Motions, Orders, Trial Notes
P.I.: Other | New York Eastern
~Util - Terminate Civil Case
Civil Case Terminated. (CV)
Order(Other)
ORDER REMANDING CASE. On February 13, 2026, the Court found that Defendant's Notice of Removal failed to establish that this Court has subject matter jurisdiction over the action. (Order to Show Cause, ECF No. 9 .) Accordingly, the Court required Defendant to "show cause by February 27, 2026, in writing, with all material facts established by sworn affidavit, why this Court should not remand this case for lack of subject matter jurisdiction." (Id. at 1.) The Court further cautioned that "[i]f Defendant does not respond by February 27, 2026, or if its response does not show that the Court has subject matter jurisdiction over this action, this action will be remanded to Suffolk County Supreme Court for lack of subject matter jurisdiction." (Id. at 6.) On February 26, 2026, Defendant filed a request for an extension of time to respond to the Court's Order to Show Cause. (ECF No. 11 .) Defendant seeks extra time to "obtain[] and review[] an investigator's background check to support Defendant's contention that plaintiff is in fact a citizen of the State of New York." (Id.) Defendant's untimely request is denied. See Individual Rule 1.7.3. Defendant's letter seeks additional time only to establish Plaintiff's citizenship. However, the Court's Order to Show Cause also stated that "the Notice of Removal does not establish that the amount in controversy exceeds $75,000." (Order to Show Cause at 5.) Defendant has not made any filing in compliance with the Court's February 27, 2026 deadline to demonstrate why the amount-in-controversy requirement is satisfied.Accordingly, given that the time for Defendant to comply has expired and that Defendant's request for an extension of time does not address the deficiencies concerning the amount-in-controversy requirement for diversity jurisdiction, this action is remanded to the Supreme Court of the State of New York, County of Suffolk pursuant to 28 U.S.C. § 1447(c). The Clerk of Court is respectfully directed to close the case and to mail a certified copy of this order to the clerk of the Suffolk County Supreme Court. Ordered by Judge Nusrat J. Choudhury on 3/2/2026. (CQTH)
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
TRY LAW360 FREE FOR SEVEN DAYS
Already a subscriber? Click here to login
Email (NOTE: Free email domains not supported)
First Name
Last Name
Job Title
PLEASE NOTE: A verification email will be sent to your address before you can access your trial.
Password (at least 8 characters required)
Confirm Password
Law360 may contact you in your professional capacity with information about our other products, services and events that we believe may be of interest.You’ll be able to update your communication preferences via the unsubscribe link provided within our communications.We take your privacy seriously. Please see our Privacy Policy.