Duran v. Berrun
- Lewis Kaplan
- 1:24-cv-03907
- U.S. District Court · Southern District of New York
- 1
In Duran v. Burran, Judge Kaplan required an amended removal notice by April 4 or said the case would be remanded for deficient federal jurisdiction.
The parties to the removed action. The case will be remanded if an adequate amended notice of removal is not filed by April 4, 2025.
What happened
Julio Cesar Abreu Duran sued Hilda Y. Burran and other defendants in a case that was brought to federal court through a notice of removal. The notice relied on federal jurisdiction under two federal statutes.
The court found that the notice did not adequately allege the facts needed to establish subject-matter jurisdiction. Possible deficiencies included the citizenship of individuals, corporations, partnerships, or limited liability companies.
In Julio Cesar Abreu Duran v. Hilda Y. Burran, Judge Lewis A. Kaplan ordered that an amended notice adequately alleging federal jurisdiction be filed by April 4, 2025. The order states that otherwise the action will be remanded for lack of subject-matter jurisdiction.
The detailed version
- Duran v. Berrun · No. 1:24-cv-03907
- Lewis Kaplan
- Mar. 27, 2025
Background
The opinion is an order in a case involving Julio Cesar Abreu Duran and Hilda Y. Burran, along with other defendants. The notice of removal invoked federal jurisdiction under 28 U.S.C. §§ 1332 and 1441. A notice of removal is the filing used to transfer a case from state court to federal court.
Court’s analysis
Judge Kaplan found that the notice of removal did not adequately allege the existence of subject-matter jurisdiction, meaning the court could not determine from the notice whether it had authority to hear the case. The order identified possible deficiencies involving the citizenship of one or more individuals, corporations, partnerships, or limited liability companies. The order used qualified language, stating that these were possible deficiencies “among other things.”
Disposition
The court ordered that an amended notice of removal adequately alleging subject-matter jurisdiction be filed by April 4, 2025. The order states that, absent that filing, the action will be remanded for lack of subject-matter jurisdiction. The order does not state that remand had already occurred.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.