Pollas v. United Parcel Service, Inc.

Background

United Parcel Service filed a notice of removal on November 23, 2022, seeking to move the case from state court to the federal district court. The notice said removal was based on diversity jurisdiction under 28 U.S.C. §§ 1441(a) and 1332(a). Diversity jurisdiction generally requires the parties to be citizens of different states and the amount in controversy to meet the statutory requirement.

Court’s Analysis

The court held that the notice and the state-court pleadings alleged only Robert Pollas’s residence. They did not allege his citizenship either when the lawsuit began or when the case was removed. The court explained that residence alone does not establish citizenship or domicile for federal jurisdictional purposes. The court also noted that federal courts interpret removal requirements narrowly and resolve doubts against removal.

The notice additionally failed to allege facts establishing that removal was timely. It stated only that the notice was filed within 30 days after United Parcel Service was served with the state-court pleading. The notice did not state when United Parcel Service actually received the initial pleading, whether through service or another method, as required by 28 U.S.C. § 1446(b)(1).

Ruling and Disposition

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 opinion addressed the requirements for removal and federal jurisdiction; it did not decide the underlying dispute between Robert Pollas and United Parcel Service.