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S.D.N.Y.Procedural orderFiled Mar. 30, 2023

Series 2020A of Nahla Capital LLC v. Brody

Judge
Paul Engelmayer
Docket
1:22-cv-07122
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Series 2020A v. Brody, Judge Engelmayer said diversity jurisdiction appeared lacking and sought Brody’s position before possible remand to state court.

Who this affects

Series 2020A of Nahla Capital LLC and Alyssa Soto Brody; the order could return the matter to New York state court, but it did not yet do so.

What happened

Series 2020A of Nahla Capital LLC sued Alyssa Soto Brody in federal court. The court reviewed Series 2020A’s declaration and organizational chart about its citizenship.

The court said it appeared that Series 2020A and Brody were both citizens of Florida, which could eliminate diversity jurisdiction. The court said no other basis for federal subject-matter jurisdiction had been identified.

Judge Engelmayer said the court was prepared to remand the matter to New York state court. He ordered Brody to file a letter by March 31, 2023, stating whether she objected and, if so, explaining and supporting any basis for federal jurisdiction.

The detailed version

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

Case
Series 2020A of Nahla Capital LLC v. Brody · No. 1:22-cv-07122
Judge
Paul Engelmayer
Date
Mar. 30, 2023

Background

Series 2020A of Nahla Capital LLC submitted a declaration and an organizational chart in response to the court’s March 28, 2023 order seeking information about the plaintiff’s citizenship. The information was requested so the court could assess diversity jurisdiction, the basis for federal jurisdiction identified in the order.

Court’s Analysis

Based on the submitted materials, the court said it appeared to lack diversity jurisdiction if Series 2020A was properly considered a citizen of Florida, because defendant Alyssa Soto Brody was also a citizen of Florida. The court stated that no other basis for subject-matter jurisdiction had been identified.

Order

The court did not yet enter a remand. It stated that it was prepared to remand the matter to New York state court and ordered Brody to file a letter by March 31, 2023. The letter had to say whether she objected to remand and, if she did, set out with supporting information the basis for subject-matter jurisdiction. Judge Paul A. Engelmayer signed the order.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

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