Phoenix v. LMM Transport, LLC
- Jesse Furman
- 1:20-cv-00901
- U.S. District Court · Southern District of New York
- 2
In Phoenix v. LMM Transport, Judge Furman remanded the case because Defendants failed to establish federal jurisdiction after their amended removal notice did not comply.
LMM Transport, LLC and Luis Rivera DeJesus, whose removed case was remanded to the Supreme Court of the State of New York, New York County.
What happened
In Phoenix v. LMM Transport, LLC, Defendants removed the case to federal court. The court had ordered them to identify the citizenship of every person or entity making up LMM Transport, LLC.
Defendants filed an amended removal notice, but it did not follow that order. The court said Defendants had not proved federal jurisdiction, as required of the party asserting it.
Judge Furman remanded the case to the Supreme Court of the State of New York, New York County, directed the Clerk to send the state court a certified copy of the order, and closed the federal case.
The detailed version
- Phoenix v. LMM Transport, LLC · No. 1:20-cv-00901
- Jesse Furman
- Feb. 24, 2020
Background
Defendants LMM Transport, LLC and Luis Rivera DeJesus removed the case to federal court. On February 5, 2020, the court ordered Defendants to amend their notice of removal to allege the citizenship of each person or entity comprising LMM Transport, LLC, including the state of incorporation and principal place of business of any corporate entity member. The court warned that failure to comply by the deadline would result in remand to the Supreme Court of New York, New York County, without further notice.
Defendants filed an amended notice of removal on February 12, 2020, but the court determined that it did not comply with the order.
Court's Reasoning
The court stated that the party asserting federal jurisdiction bears the burden of establishing it by a preponderance of the evidence, meaning that the evidence must show that jurisdiction is more likely than not. The court concluded that Defendants had not satisfied that burden.
Disposition
The court remanded the case to the Supreme Court of the State of New York, New York County. Judge Jesse M. Furman directed the Clerk of Court to mail a certified copy of the remand order to the clerk of that state court and to close the federal case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.