Liberty Harbor Coffee Inc. v. Moss
- Rochon
- 1:25-cv-01335
- U.S. District Court · Southern District of New York
- 1
In Liberty Harbor Coffee v. Moss, Judge Rochon ordered Maggie Moss to submit evidence about her intent to remain in Colorado.
Maggie Moss, the defendants, and the parties’ dispute over the motion to remand.
What happened
Liberty Harbor Coffee Inc. and related plaintiffs asked the court to remand the case, and the order addressed evidence about whether Maggie Moss changed her domicile. The opinion states that the person claiming a change of domicile must prove, by clear and convincing evidence, an intent to leave the old domicile and establish a residence in a new one.
The court ordered Moss to submit a sworn affidavit by May 13, 2025. The affidavit must confirm the accuracy of facts that defense counsel presented in the defendants’ filing opposing remand, including Moss’s intent to live permanently in Colorado.
Judge Jennifer L. Rochon also required Moss to provide any additional evidence showing that she intends to remain in Colorado after graduation. The order did not state that the court granted or denied the motion to remand.
The detailed version
- Liberty Harbor Coffee Inc. v. Moss · No. 1:25-cv-01335
- Rochon
- May 6, 2025
Background
The plaintiffs filed a motion to remand. The opinion concerns whether Maggie Moss changed her domicile, which is relevant to the remand dispute. The court stated that the party asserting a change of domicile bears the burden of proving both an intent to give up the old domicile and the actual acquisition of a residence in the new locality. The court said those facts must be proven by clear and convincing evidence.
Order
The court ordered Defendant Moss to submit a sworn affidavit no later than May 13, 2025. The affidavit must certify the accuracy of facts alleged by defense counsel in the defendants’ sur-reply opposing the motion to remand, including Moss’s intent to reside permanently in Colorado. Moss must also provide any further evidence of her intent to remain in Colorado after graduation.
Disposition
The order required additional sworn evidence but did not state that the court granted or denied the motion to remand. Judge Jennifer L. Rochon signed the order on May 6, 2025.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.