Daley v. Crete Carrier Corporation
- Sarah Netburn
- 1:25-cv-00436
- U.S. District Court · Southern District of New York
- 2
In Daley v. Crete Carrier, Judge Netburn remanded the case to Bronx Supreme Court after an added New York defendant defeated diversity jurisdiction.
Devon Daley, Crete Carrier Corporation, Shaffer Trucking, and the added necessary defendant were affected because the federal court sent the case back to Bronx County Supreme Court for lack of diversity jurisdiction.
What happened
Daley v. Crete Carrier Corporation began in Bronx County Supreme Court and was moved to federal court by Crete Carrier Corporation and Shaffer Trucking based on diversity jurisdiction.
After removal, the parties learned that a necessary defendant lived in New York. Devon Daley then amended the complaint, with the defendants’ consent, to add that defendant.
Because the added defendant defeated diversity jurisdiction, Judge Sarah Netburn ordered the case remanded to the Supreme Court for the State of New York, County of Bronx.
The detailed version
- Daley v. Crete Carrier Corporation · No. 1:25-cv-00436
- Sarah Netburn
- Apr. 30, 2025
Background
Crete Carrier Corporation and Shaffer Trucking removed the case from the Supreme Court for the State of New York, County of Bronx, to the U.S. District Court for the Southern District of New York. They relied on diversity jurisdiction, which generally requires the opposing parties to be citizens of different states.
After removal, the parties learned that one necessary defendant was a resident of New York. Devon Daley amended the complaint, with the defendants’ consent, to add that defendant. The court stated that adding a defendant from the same state as the plaintiff defeated diversity jurisdiction.
Ruling
Because the court could no longer exercise subject-matter jurisdiction—the court’s power to hear the case—Judge Sarah Netburn ordered that the case be remanded to the Supreme Court for the State of New York, County of Bronx, under 28 U.S.C. § 1447(c). The opinion does not state any ruling on the underlying claims.
Disposition
The case was remanded to the Bronx County Supreme Court.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.