Gutierrez v. Stockman
- Lorna Schofield
- 1:21-cv-00063
- U.S. District Court · Southern District of New York
- 2
In Gutierrez v. Stockman, Judge Schofield remanded the case to state court because defendants’ removal notice was procedurally defective.
The parties to the removed action; the case was returned to the Supreme Court of the State of New York, Bronx County.
What happened
In Gutierrez v. Stockman, the defendants removed the action from state court to federal court on January 5, 2021, claiming diversity jurisdiction.
The court found that the removal notice did not state the period during which Dean L. Stockman and Reed Trucking Company were citizens of Delaware. The court explained that this information was required to evaluate diversity jurisdiction.
Judge Lorna G. Schofield summarily remanded the case to state court, directed the Clerk to send the order to the Supreme Court of the State of New York, Bronx County, and directed the Clerk to close the federal case.
The detailed version
- Gutierrez v. Stockman · No. 1:21-cv-00063
- Lorna Schofield
- Jan. 19, 2021
Background
Defendants filed a notice of removal on January 5, 2021, bringing the action from state court to the U.S. District Court for the Southern District of New York based on diversity jurisdiction.
Jurisdictional Issue
The court explained that when diversity jurisdiction is the only basis for removal, diversity must exist both when the state-court action began and when the case was removed. A removal notice should therefore identify the parties’ citizenship at both relevant times. For a corporation, citizenship includes the state of incorporation and the state where it has its principal place of business.
The notice of removal did not specify the time during which Defendants Dean L. Stockman and Reed Trucking Company were citizens of Delaware. The court characterized this omission as a procedural defect.
Ruling
The court summarily remanded the matter to state court. It directed the Clerk of Court to mail a certified copy of the opinion and order to the Supreme Court of the State of New York, Bronx County, and to close the federal case. Judge Lorna G. Schofield signed the order on January 19, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.