Rosenberg v. Shemiran Co. LLC

Background

Rudy Rosenberg, appearing without a lawyer, filed a notice seeking to move an eviction proceeding from the Civil Court of the City of New York, New York County, Housing Part, to federal court. The state case was brought by Shemiran Co. LLC against Rosenberg and his co-tenant, Eltha Jordan. Shemiran alleged that the tenants had not paid monthly rent of $2,050 since December 2018 and sought possession of the apartment and damages. The state-court petition sought $28,000 in damages, according to the notice of removal.

Rosenberg filed the notice on January 8, 2020, shortly before the scheduled January 15 trial. He stated that he and Jordan were citizens of New Jersey and that Shemiran was a citizen of California. He incorrectly listed himself as the plaintiff in the federal caption and added several court officials who were not parties to the state case. Rosenberg also appeared to assert discrimination-related claims involving race, age, or disability.

Why the Court Remanded the Case

The court explained that removal is the process of moving a state-court case to federal court and that it is allowed only when federal jurisdiction exists and the statutory procedures are followed.

First, the court held that the removal was untimely. The tenants were served with the state petition on or about September 10, 2019, through substituted service. Rosenberg did not file his notice until January 8, 2020, more than 30 days later. He did not allege that the case became removable only after he received a later document.

Second, the court held that Rosenberg had not shown subject-matter jurisdiction, meaning the federal court’s legal power to hear the case. Diversity jurisdiction requires, among other things, more than $75,000 in controversy and citizenship involving different states. The court found that Rosenberg did not provide facts establishing his domicile in New Jersey and noted that his mailing address was the Manhattan apartment involved in the case. The court also found that the amount sought in this proceeding did not satisfy the $75,000 requirement. It rejected Rosenberg’s attempt to add the amount sought in an earlier closed proceeding and found the value of the apartment irrelevant because ownership of the property was not at issue.

The court also found no federal-question jurisdiction. The state petition did not present a federal claim on its face. The court explained that a federal defense or a counterclaim, including Rosenberg’s apparent discrimination allegations, cannot create federal jurisdiction for removal.

Anonymity Request and Disposition

Rosenberg asked to proceed anonymously. The court denied that application. It reasoned that the state proceedings had been public since September 2019, the nonpayment-of-rent dispute was not highly sensitive or personal, and Rosenberg was not proceeding anonymously in the state court.

The court remanded the action under 28 U.S.C. § 1447(c) to the Civil Court of the City of New York, New York County, Housing Part. It denied Rosenberg’s application to proceed anonymously, directed that a copy of the order be sent to the state court, closed the federal action, and terminated all pending matters.