Edwards v. The Devereux Foundation

Background

The Devereux Foundation (TDF) removed the action from Supreme Court, Putnam County. TDF asserted that the federal court had original jurisdiction under 28 U.S.C. § 1332(a)(1), which allows federal courts to hear certain cases involving citizens of different states when the amount in controversy exceeds $75,000. TDF stated that complete diversity existed between Milton Emory Edwards and Michelle A. Campbell-Edwards, on one side, and TDF and Jennifer L. Cox, on the other.

Jurisdictional Standard

The court explained that diversity jurisdiction requires complete diversity: every plaintiff must be a citizen of a different state from every defendant. For an individual, citizenship is determined by domicile—the person’s true, fixed home and principal establishment, together with an intent to return there. A statement that a person is a “resident” is not enough. A corporation is a citizen of both the state where it was incorporated and the state where it has its principal place of business.

Information Requiring Clarification

TDF’s notice of removal described the plaintiffs as residents of Hartford, Connecticut and Cox as a resident of New York. The notice also said TDF was headquartered in Pennsylvania, while the complaint described TDF as a foreign not-for-profit corporation existing under New York law with an office in New York. The court determined that these allegations did not adequately clarify the parties’ citizenship for purposes of diversity jurisdiction.

Order

The court ordered TDF to submit, by June 29, 2022, a letter clarifying the citizenship of each party so the court could determine whether complete diversity existed. The order did not decide whether the federal court had diversity jurisdiction, and it did not state a final ruling on the removal.