Neher v. Coach Leasing, Inc.
- Lorna Schofield
- 1:20-cv-03560
- U.S. District Court · Southern District of New York
- 1
In Neher v. Coach Leasing, Judge Schofield set deadlines for a possible amendment adding Megabus and reminded parties about diversity jurisdiction.
Hayley Neher, the existing defendants, and proposed defendant Megabus Northeast, LLC are affected by the amendment-motion deadlines and response procedures.
What happened
In Neher v. Coach Leasing, Inc., Hayley Neher indicated that she would seek to add Megabus Northeast, LLC as a defendant.
The court ordered Neher to file any amendment motion by September 8, 2020, with a comparison showing the proposed changes. Defendants could respond by September 15, 2020, and no reply could be filed without the court’s permission.
Judge Lorna G. Schofield also reminded the parties that the case was moved from state court based on diversity jurisdiction and that an LLC’s citizenship includes the citizenship of each member. The order did not decide whether Megabus could be added or resolve the case’s merits.
The detailed version
- Neher v. Coach Leasing, Inc. · No. 1:20-cv-03560
- Lorna Schofield
- Sept. 1, 2020
Background
A joint status letter dated August 31, 2020, stated that Plaintiff Hayley Neher would seek to add Megabus Northeast, LLC as a defendant. The action had been removed from state court based on diversity jurisdiction.
Court’s Order
The court ordered Plaintiff to file any motion to amend the Complaint by September 8, 2020. The motion had to include a “black line,” meaning a document showing the changes between the proposed amended Complaint and the current Complaint. Defendants could file a response by September 15, 2020. No reply could be filed without the court’s authorization. The parties also had to follow the court’s individual and emergency individual rules, including requirements concerning page limits, exhibits, and courtesy copies.
The court reminded the parties that, for diversity-jurisdiction purposes, an LLC has the citizenship of each of its members. The order set procedures and deadlines but did not rule on whether Megabus could be added as a defendant or decide the merits of the lawsuit.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.