Kennedy v. Orochena
- Lorna Schofield
- 1:22-cv-03923
- U.S. District Court · Southern District of New York
- 2
In Kennedy v. Orochena, Judge Schofield remanded the case because YRC Inc.’s removal notice omitted its states of incorporation.
Ruebin Kennedy, Joe Orochena, and YRC Inc. d/b/a YRC Freight; the case was returned to the Supreme Court of the State of New York, Bronx County.
What happened
In Kennedy v. Orochena, the defendants removed the case to federal court on May 17, 2022.
The court found that the removal notice did not identify every state where YRC Inc. was incorporated, as required to establish diversity jurisdiction. The court therefore remanded the matter to state court and directed the clerk to close the federal case.
Judge Lorna G. Schofield issued the order and directed the clerk to send a certified copy to the Supreme Court of the State of New York, Bronx County.
The detailed version
- Kennedy v. Orochena · No. 1:22-cv-03923
- Lorna Schofield
- May 17, 2022
Background
Defendants Joe Orochena and YRC Inc. d/b/a YRC Freight filed a notice of removal, seeking to move the case from state court to the U.S. District Court for the Southern District of New York. The opinion does not describe the underlying claims.
Reason for Remand
Federal courts may hear some cases between citizens of different states under diversity jurisdiction. For a corporation, federal law requires identifying every state in which the corporation is incorporated. The court found that the notice of removal did not allege every state of YRC Inc.’s incorporation. The court explained that this failure was fatal to the asserted basis for federal jurisdiction and that the record did not establish whether the parties were completely diverse.
Ruling
Judge Lorna G. Schofield ordered that the matter be remanded to state court. The clerk was directed 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. The order did not decide the underlying claims.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.