Rosario v. Burnsed Trucking Inc.

Background

Burnsed Trucking Inc. removed the action from the Supreme Court of New York, Bronx County, to the U.S. District Court for the Southern District of New York. Its removal petition relied on diversity jurisdiction under 28 U.S.C. § 1332(a). The petition alleged that Burnsed Trucking was incorporated and had its principal place of business in Florida, and that Joan Rosario was a New York resident.

Jurisdictional issue

Federal diversity jurisdiction requires complete diversity of citizenship between the parties and an amount in controversy exceeding $75,000. The party seeking removal bears the burden of establishing those requirements. The court found that the complaint did not allege facts establishing diversity of citizenship and that Burnsed Trucking’s petition relied only on Rosario’s residence in New York. Residence alone does not establish citizenship, so Burnsed Trucking needed to allege Rosario’s state of citizenship.

Court’s order

The court directed Burnsed Trucking to file, by April 10, 2023, an affidavit and any supporting exhibits addressing facts relevant to Rosario’s citizenship both when the state action began and when the removal petition was filed. Rosario could file an affidavit by April 18, 2023, responding to Burnsed Trucking’s filing or addressing other relevant facts. The court stated that, if complete diversity was not alleged by April 18—including if Burnsed Trucking filed nothing—the court would remand the case for lack of subject-matter jurisdiction without further notice. The order did not itself remand the case or decide the underlying claims. Judge Jennifer H. Rearden also noted that the parties could seek an extension of expert-discovery deadlines by letter-motion if the case was not dismissed for lack of subject-matter jurisdiction.