Padin v. Burke

Background

On May 1, 2025, Eaton Burke, 12NPARK, Inc., and FedEx Ground Package System, Inc. filed a corrected notice of removal. Removal is the process of transferring a case from state court to federal court. The defendants relied on diversity jurisdiction under 28 U.S.C. § 1332, which generally requires complete diversity of citizenship between the parties and the required amount in controversy.

The defendants stated that complete diversity existed because Jairo Padin was a citizen of New Jersey, Eaton Burke was domiciled in New York, and 12NPARK and FedEx were corporations headquartered in New York and Tennessee. But the notice of removal alleged only Padin’s residence, and the complaint likewise said only that he was a resident of Passaic County, New Jersey.

Court’s Analysis

The court explained that, for diversity jurisdiction, an individual’s citizenship depends on domicile, not residence alone. The party invoking federal jurisdiction bears the burden of establishing the jurisdictional facts, including the citizenship of each party and complete diversity. The court therefore found that the defendants had not yet properly established the court’s subject-matter jurisdiction.

Ruling

The court ordered the defendants to file an amended notice of removal no later than May 9, 2025, properly establishing the citizenship of each party. The court stated that, if the defendants failed to do so, it would remand the case—that is, return it—to state court. The order addressed federal jurisdiction and did not decide the underlying claims.

Classification

This is a procedural order because the court addressed whether federal subject-matter jurisdiction had been adequately established, not the merits of the parties’ dispute.