Walton v. Doe
- Rearden
- 1:22-cv-07589
- U.S. District Court · Southern District of New York
- 3
In Walton v. Doe, Judge Rearden ordered jurisdictional affidavits and discovery before deciding whether diversity jurisdiction exists or remand is required.
Michael A. Walton, Line Trucking Corp., and John Doe, whom Line Trucking identified as Octavio Diaz, were required to provide information or complete discovery relevant to whether the federal court could hear the case.
What happened
Michael A. Walton sued John Doe and Line Trucking Corp. in a case removed from New York state court. The federal court questioned whether the parties were citizens of different states and whether the amount at stake exceeded the required threshold.
Line Trucking said Walton was a Pennsylvania citizen, that John Doe was Octavio Diaz and a Florida citizen, and that the injuries supported the required amount. Walton disputed whether Diaz was a Florida citizen but did not address the other jurisdictional issues or say whether he would amend his complaint to name Diaz.
Judge Rearden ordered Walton to file an affidavit by June 5, 2023, addressing his citizenship and the other jurisdictional facts. Judge Rearden also ordered both sides to complete discovery about Diaz’s citizenship; the order did not decide whether the case would remain in federal court or be remanded.
The detailed version
- Walton v. Doe · No. 1:22-cv-07589
- Rearden
- May 25, 2023
Background
The case had been removed from the Supreme Court of New York, Bronx County. On March 7, 2023, the court ordered Line Trucking to explain why the case should not be sent back to state court. The court found that the Notice of Removal and complaint did not adequately establish diversity of citizenship—the requirement that the parties be citizens of different states—or an amount in controversy exceeding the jurisdictional amount.
Line Trucking responded that the complaint and an unsworn Rule 26 disclosure identified Walton as a Pennsylvania citizen. It also pointed to a police report listing a Pennsylvania address for Walton. Line Trucking identified John Doe as Octavio Diaz and alleged that Diaz was a resident and citizen of Florida when the accident occurred. Its principal, Asmara Garcia, stated that Diaz was a Florida resident when his employment ended on or about February 15, 2022, several months before the case began and the removal occurred. Line Trucking also relied on medical records describing serious injuries and surgeries to support its position that the amount-in-controversy requirement was satisfied.
Walton’s response addressed only whether Line Trucking had established Diaz’s Florida citizenship at the relevant times. Walton argued that it had not and asked the court to remand the case. He did not address Line Trucking’s other jurisdictional allegations, provide the requested affidavit, or state whether he intended to seek permission to amend the complaint to name Diaz.
Order
Judge Rearden ordered Walton, by June 5, 2023, to file an affidavit stating his citizenship when the complaint was filed and when the case was removed. The affidavit must also address facts in Line Trucking’s affidavit and other facts relevant to jurisdiction. Walton must explain whether he will seek permission to amend the complaint to name Diaz if the court does not dismiss the action for lack of subject-matter jurisdiction.
Judge Rearden separately ordered both parties to complete any outstanding discovery about Diaz’s citizenship by June 5, 2023. The opinion is an interim jurisdictional order: it does not state that the court granted or denied remand, and it does not decide the underlying claims.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.