Humphrey v. Horton
- Lewis Kaplan
- 1:24-cv-09369
- U.S. District Court · Southern District of New York
- 1
In Humphrey v. Horton, Judge Kaplan ordered a jurisdictional correction to the removal notice or warned the action would be dismissed.
The parties to Humphrey v. Horton, because the action could be dismissed if an adequate notice of removal was not filed by December 17, 2024.
What happened
Humphrey v. Horton is a federal case in which the court examined a notice seeking to remove the action to federal court. The notice invoked federal jurisdiction based on the parties’ citizenship and the amount in dispute.
The court said the notice did not adequately establish subject-matter jurisdiction. It identified possible missing information about the citizenship of natural persons, corporations, partnerships, and limited liability companies.
The court ordered that an adequate notice of removal be filed by December 17, 2024. Judge Kaplan warned that, if that filing was not made, the action would be dismissed for lack of subject-matter jurisdiction.
The detailed version
- Humphrey v. Horton · No. 1:24-cv-09369
- Lewis Kaplan
- Dec. 10, 2024
Background
The order states that jurisdiction was invoked under 28 U.S.C. § 1332, which generally concerns federal jurisdiction based on the parties’ citizenship and the amount in controversy. The notice of removal sought to establish federal jurisdiction, but the court found its allegations inadequate.
Jurisdictional Deficiencies
The court identified several possible deficiencies, stating that the notice may not adequately allege:
- The citizenship of one or more natural persons; - The citizenship of one or more corporations; - The citizenship of one or more partnerships; or - The exact nature and citizenship of one or more alleged limited liability companies.
The order did not decide the underlying dispute between the parties.
Disposition
The court ordered that, on or before December 17, 2024, a notice of removal adequately alleging subject-matter jurisdiction be filed. The court stated that, absent that filing, the action would be dismissed for lack of subject-matter jurisdiction. The order was signed by Judge Lewis A. Kaplan.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.