Vargas v. Banc of America Leasing & Capital, LLC
- Lewis Kaplan
- 1:20-cv-07163
- U.S. District Court · Southern District of New York
- 1
In Vargas v. Banc of America Leasing, Judge Kaplan ordered an amended removal notice by September 18 or remand for inadequate jurisdiction allegations.
The parties to the removed action, because the case would be remanded if an adequate amended notice of removal was not filed by September 18, 2020.
What happened
Vargas v. Banc of America Leasing & Capital LLC concerns a case removed to federal court under diversity jurisdiction and the federal removal statute.
The court found that the notice of removal did not adequately allege facts showing federal subject-matter jurisdiction, including the citizenship of certain people or business entities.
Judge Lewis A. Kaplan ordered that an amended notice adequately alleging jurisdiction be filed by September 18, 2020; otherwise, the action would be remanded.
The detailed version
- Vargas v. Banc of America Leasing & Capital, LLC · No. 1:20-cv-07163
- Lewis Kaplan
- Sept. 9, 2020
Background
The action was removed to the U.S. District Court for the Southern District of New York. The order states that jurisdiction was invoked under 28 U.S.C. §§ 1332 and 1441. Section 1332 concerns federal diversity jurisdiction, and Section 1441 concerns removal of an action from state court to federal court.
Jurisdictional Deficiency
The court found that the notice of removal did not adequately allege the existence of subject-matter jurisdiction. The order identifies possible deficiencies involving the citizenship of one or more natural persons, corporations, partnerships, or limited liability companies, as well as the nature and citizenship of business entities. It also lists the timely removal of the action from state court as a possible issue. The text does not clearly identify which of these listed issues were the actual deficiencies.
Order
The court did not decide the underlying dispute. It directed that an amended notice of removal adequately alleging subject-matter jurisdiction be filed by September 18, 2020. The order states that, absent that filing, the action would be remanded. The order was signed by Judge Lewis A. Kaplan.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.