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S.D.N.Y.Procedural orderFiled Oct. 24, 2022

Mack, Jr. v. Shepard

Judge
John Cronan
Docket
1:22-cv-08950
Court
U.S. District Court · Southern District of New York
Pages
1
Civil Procedure
In one sentence

In Mack v. Shepard, Judge Cronan scheduled a telephone conference and required defendants to address whether diversity jurisdiction’s amount threshold is met.

Who this affects

All parties were ordered to attend the telephone conference; the defendants were specifically directed to address whether diversity jurisdiction and its amount-in-controversy requirement were satisfied.

What happened

Joseph Mack, Jr. and Anastasia Rivera are plaintiffs in Mack, Jr. v. Shepard, against William Shepard and Boyd Transport, LLC.

The court ordered all parties to appear by telephone for a conference on November 1, 2022. It directed the defendants to be prepared to explain why federal diversity jurisdiction is proper, including whether the amount involved meets the required threshold.

Judge John P. Cronan issued the order. The court did not decide whether jurisdiction exists; it scheduled the conference and requested the defendants’ explanation.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Mack, Jr. v. Shepard · No. 1:22-cv-08950
Judge
John Cronan
Date
Oct. 24, 2022

Order

The court ordered Joseph Mack, Jr., Anastasia Rivera, William Shepard, and Boyd Transport, LLC to appear for a conference before Judge Cronan on November 1, 2022, at 11:00 a.m. The conference was to take place by telephone, using the call-in information provided in the order.

Jurisdiction Issue

The court directed the defendants to be prepared to address why federal diversity jurisdiction is proper under 28 U.S.C. § 1332. In particular, the defendants had to address why the amount-in-controversy requirement was satisfied. The court cited Second Circuit authority stating that separate and distinct claims by different plaintiffs generally cannot be combined to meet the jurisdictional amount requirement.

Disposition

The order scheduled a conference and raised a question about federal jurisdiction. It did not decide whether jurisdiction was proper, dismiss any claim, or resolve the underlying dispute.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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