Thomas-Leslie v. Dollar Tree Stores, Inc.

Background

Dollar Tree Stores, Inc. removed the action from Supreme Court, Bronx County, to the U.S. District Court for the Southern District of New York under the federal diversity-jurisdiction statute, 28 U.S.C. § 1332(a). The caption names Debra Thomas-Leslie as plaintiff and Dollar Tree Stores, Inc., Dollar Tree Store #4169, Expert Janitorial d/b/a National Janitorial Solutions, and One-A Cleaning & Maintenance as defendants.

Jurisdictional issue

Diversity jurisdiction generally requires the case to be between citizens of different states or between a state citizen and a citizen or subject of a foreign country. The court explained that one plaintiff sharing a state of citizenship with one defendant defeats diversity jurisdiction over the entire action. The amended complaint did not allege complete diversity among the parties and therefore did not provide the required short and plain statement of the grounds for federal jurisdiction under Federal Rule of Civil Procedure 8(a)(1).

Disposition

The court ordered that the action be remanded to Supreme Court, Bronx County. It directed the Clerk of Court to carry out the remand and close the federal case. The order resolved the federal court’s jurisdictional issue and did not decide the underlying claims.