Salazar v. DRBX Holdings, LLC
- Vyskocil
- 1:19-cv-04878
- U.S. District Court · Southern District of New York
- 2
In Salazar v. DRBX Holdings, Judge Vyskocil ordered jurisdiction affidavits and set a status conference without deciding whether federal jurisdiction exists.
The parties and their counsel were required to attend the status conference and submit the required filing. DRBX Holdings, LLC and SCF Cedar, LLC were specifically required to provide affidavits about their members’ citizenship.
What happened
In Salazar v. DRBX Holdings, the court scheduled a status conference for April 7, 2020, and required the parties to submit a joint status letter by March 31, 2020. Existing deadlines were postponed indefinitely.
The court noted that the filings did not state the citizenship of the members of DRBX Holdings, LLC or SCF Cedar, LLC. It required each company to file an affidavit identifying the state or states of citizenship of all its members by March 24, 2020.
Judge Mary Kay Vyskocil did not decide whether federal jurisdiction exists. She stated that, if the affidavits show that jurisdiction is lacking, the court will send the case back to the Supreme Court of the State of New York, Bronx County.
The detailed version
- Salazar v. DRBX Holdings, LLC · No. 1:19-cv-04878
- Vyskocil
- Feb. 20, 2020
Background
The case was assigned to Judge Mary Kay Vyskocil for all purposes. The court scheduled a status conference for April 7, 2020, at noon in Courtroom 18C of the Daniel Patrick Moynihan Courthouse. The court also postponed the currently scheduled deadlines indefinitely and directed counsel to file a joint status letter of no more than six pages by 4:00 p.m. on March 31, 2020. Requests for extensions or adjournments had to be filed by letter through the court’s electronic filing system at least 48 hours before the applicable deadline or conference.
Subject-Matter Jurisdiction
The court said it had a duty to examine whether it had subject-matter jurisdiction, meaning legal authority to hear the case. It found that neither the defendants’ notice of removal nor Maria Salazar’s amended complaint stated the citizenship of the members of DRBX Holdings, LLC or SCF Cedar, LLC. The court therefore ordered each of those two companies to file an affidavit identifying the state or states of citizenship of each member by March 24, 2020.
Ruling and Effect
The court did not determine whether federal subject-matter jurisdiction exists. Judge Mary Kay Vyskocil stated that, if the affidavits show that jurisdiction is lacking, the court will remand, or send back, the action to the Supreme Court of the State of New York, Bronx County. The order otherwise set the conference and filing requirements described above.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.