Venning v. Victoria Secret Stores, L.L.C.
- John Cronan
- 1:21-cv-02779
- U.S. District Court · Southern District of New York
- 2
Venning v. Victoria Secret, Judge Aaron ordered jurisdictional information after defendants failed to show complete diversity.
The order affected Venning, the removing defendants, Venning’s counsel, and the two limited liability companies whose members’ citizenship had to be disclosed.
What happened
In Venning v. Victoria Secret Stores, L.L.C., the defendants removed the case to federal court based on diversity jurisdiction, which generally requires parties from different states and more than $75,000 at stake. The complaint did not state the amount of damages sought.
The defendants said they tried to obtain a stipulation that Venning’s damages were below $75,000, but she did not respond. The court also noted that a limited liability company has the citizenship of each of its members, and the removal papers did not provide that information.
Judge Stewart D. Aaron ordered the defendants to serve the order, required Venning’s counsel to file a notice of appearance, and required the defendants to provide citizenship information for the members of the two named limited liability companies. Venning was also given a deadline to stipulate that her damages did not exceed $75,000.
The detailed version
- Venning v. Victoria Secret Stores, L.L.C. · No. 1:21-cv-02779
- John Cronan
- Apr. 2, 2021
Background
The defendants removed the case from state court and asserted federal subject-matter jurisdiction based on diversity of citizenship. Diversity jurisdiction generally requires that the amount in controversy exceed $75,000, excluding interest and costs, and that no plaintiff and defendant share state citizenship.
The complaint did not specify the amount of damages sought. The defendants stated that they had attempted to obtain a stipulation from the plaintiff that her damages were below $75,000, but that the plaintiff had not responded. The order also explained that a limited liability company takes the citizenship of each of its members. Therefore, the removal notice needed to identify the citizenship of every member of the relevant limited liability companies.
Court’s Action
The court found that the defendants had not met their burden of showing that diversity jurisdiction existed. The order did not decide whether the case would ultimately remain in federal court or be remanded. Instead, it set deadlines and required additional information:
- The defendants had to serve the order on the plaintiff by April 6,
- - The plaintiff’s counsel had to file a notice of appearance by April 12,
- - The defendants had to file an affidavit or declaration identifying the citizenship of each member of Victoria Secret Stores, LLC and Victoria’s Secret Direct New York, LLC by April 12,
- - If the plaintiff intended to stipulate that her damages did not exceed $75,000, she had to do so by April 12, 2021.
Judge Stewart D. Aaron signed the order on April 2, 2021.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.