Bellamy v. The Cheesecake Factory Restaurants, Inc.
- Lewis Kaplan
- 1:25-cv-04866
- U.S. District Court · Southern District of New York
- 1
In Bellamy v. The Cheesecake Factory, Judge Kaplan required a corrected removal notice or remand for inadequate jurisdiction allegations.
The parties to Bellamy v. The Cheesecake Factory Restaurants, Inc.; the case may be remanded if an amended notice of removal is not filed by June 18, 2025.
What happened
Bellamy v. The Cheesecake Factory Restaurants, Inc. was removed to federal court under diversity-jurisdiction and removal statutes. The order says the notice of removal did not adequately allege subject-matter jurisdiction.
The court identified possible problems involving allegations about the citizenship of individuals, corporations, partnerships, and limited liability companies. The order does not explain which specific allegation is deficient.
Judge Lewis A. Kaplan gave until June 18, 2025, to file an amended notice of removal adequately alleging subject-matter jurisdiction. Without that filing, the action will be remanded for lack of subject-matter jurisdiction.
The detailed version
- Bellamy v. The Cheesecake Factory Restaurants, Inc. · No. 1:25-cv-04866
- Lewis Kaplan
- June 11, 2025
Background
The action was removed to the U.S. District Court for the Southern District of New York. The order states that jurisdiction was invoked under 28 U.S.C. §§ 1332 and 1441. Section 1332 generally concerns federal jurisdiction based on the parties’ citizenship and the amount in dispute, while Section 1441 concerns removal from state court to federal court.
Jurisdictional Deficiencies
The court found that the notice of removal failed adequately to allege the existence of subject-matter jurisdiction. The order lists possible deficiencies involving the citizenship of one or more natural persons, corporations, partnerships, and the exact nature and citizenship of one or more alleged limited liability companies. Because the order uses a form-like checklist and does not explain which specific allegations are deficient, the precise defect is unclear from the text provided.
Disposition
The court did not decide the underlying claims. It provided until June 18, 2025, to file an amended notice of removal adequately alleging subject-matter jurisdiction. The order states that, absent that filing, the action will be remanded for lack of subject-matter jurisdiction. The order was signed by Lewis A. Kaplan, United States District Judge.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.