Pollas v. United Parcel Service, Inc.

Background

United Parcel Service, Inc. removed the action from the Supreme Court of the State of New York to federal court under the diversity-of-citizenship statute. Robert Pollas, who was proceeding without a lawyer, moved to remand the case to state court. The matter had been referred for pretrial supervision and for a report and recommendation on Pollas’s remand motion.

Pollas later stated that he intended to amend his complaint to add former coworkers as defendants. Magistrate Judge Ona T. Wang told Pollas several times that adding those defendants would destroy diversity jurisdiction and require remand. On August 6, 2024, Pollas filed an amended complaint adding Ismael Noudsford and Kenya Taylor. The opinion states that both Noudsford and Taylor are citizens of New York, and that UPS did not dispute their citizenship.

Court’s analysis

The court explained that subject-matter jurisdiction—the court’s legal authority to hear a case—must exist throughout the case. Under Federal Rule of Civil Procedure 12(h)(3), a court must dismiss an action if it determines that it lacks subject-matter jurisdiction. The addition of Noudsford and Taylor destroyed diversity of citizenship, and the court found no other remaining basis for federal jurisdiction.

Ruling

Judge Margaret M. Garnett ordered that the case be remanded to New York Supreme Court, Bronx County, without prejudice. The court ruled that any pending motions were moot, canceled all conferences, directed the Clerk to remand the case, and ordered the federal case closed.