Parker v. Alexander
- Lewis Kaplan
- 1:24-cv-04813
- U.S. District Court · Southern District of New York
- 1
In Parker v. Alexander, Judge Kaplan ordered an amended removal notice by July 7, 2024, or the action would be dismissed for jurisdictional or removal defects.
The order affects Angelica Parker, Tal Alexander, the other defendants, and the continuation of the removed action in federal court.
What happened
In Parker v. Alexander, Angelica Parker sued Tal Alexander and others in a case removed to federal court. The court said the notice did not adequately establish the court’s authority to hear the case or compliance with the removal rules.
The court identified possible problems involving the citizenship of individuals, corporations, partnerships, or limited liability companies, and whether all defendants joined the removal. It required an amended notice of removal by July 7, 2024.
Judge Lewis A. Kaplan did not dismiss the action in this order. He stated that the action would be dismissed for lack of authority to hear the case and/or failure to comply with the removal rules if an adequate amended notice was not filed by the deadline.
The detailed version
- Parker v. Alexander · No. 1:24-cv-04813
- Lewis Kaplan
- June 27, 2024
Background
Angelica Parker is the plaintiff, and Tal Alexander and others are the defendants. The case was removed to the U.S. District Court for the Southern District of New York. The notice of removal invoked federal subject-matter jurisdiction under 28 U.S.C. § 1332, which concerns certain cases involving parties with different citizenship.
Court’s Analysis
The court concluded that the notice of removal did not adequately allege that subject-matter jurisdiction existed or that the removal complied with the applicable statute. The court identified possible deficiencies involving the citizenship of one or more natural persons, corporations, partnerships, or limited liability companies. It also identified an allegation that fewer than all defendants joined in the removal.
Ruling
The court required the filing of an amended notice of removal adequately alleging subject-matter jurisdiction and compliance with the removal statute by July 7, 2024. The court stated that, absent such a filing, the action would be dismissed for lack of subject-matter jurisdiction and/or lack of compliance. The order did not itself dismiss the action.
Judge
The order was signed by Lewis A. Kaplan, United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.