Moronta v. Transport

Background

Luigi Moronta originally filed this lawsuit, arising from an alleged motor-vehicle accident, in New York State court on December 19, 2024. Mecca Transport, Inc. and Wendell Powell filed an answer in that court on February 12, 2025. On July 18, 2025, the defendants removed the case to the U.S. District Court for the Southern District of New York, invoking diversity jurisdiction.

The defendants’ notice of removal stated that discovery led them to conclude that Moronta was a citizen of Connecticut rather than New York, as alleged in his complaint, and that complete diversity therefore existed. Moronta did not dispute that explanation or argue that the removal was untimely.

Issue

Moronta moved to remand, meaning to return the case to state court. He relied on the Forum Defendant Rule in 28 U.S.C. § 1441(b)(2). That rule generally prevents removal of a case based only on diversity jurisdiction when any properly joined and served defendant is a citizen of the state where the lawsuit was filed.

Court’s analysis

The court explained that the Forum Defendant Rule does not apply if a home-state defendant has not yet been properly joined and served. But the court found that this exception did not permit the defendants’ so-called “snap removal” because Powell had been properly served before the removal.

According to an affidavit of service, Powell was served on January 7, 2025, when the legal papers were delivered at his home to “Jane Doe (Co-Tenant), a person of suitable age and discretion.” The papers were also mailed to Powell at that address on January 10, 2025. The court concluded that this method satisfied the applicable service requirements. Although the defendants disputed the affidavit, they did not provide evidence rebutting it. The court therefore determined that Powell was properly served as of January 10, 2025.

Because Powell was a New York citizen and had been properly served before removal, the Forum Defendant Rule barred the defendants from removing the case in July 2025. The court noted an additional possible reason for remand based on Powell’s conduct in the state case, but it did not decide that issue because it had already determined that Powell was properly served.

Disposition

Judge Jesse M. Furman granted Moronta’s motion to remand. The Clerk of Court was directed to remand the case to New York Supreme Court, Bronx County, terminate the motion, and close the federal case docket. Moronta did not request costs or attorney fees, so the court did not award them.