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S.D.N.Y.Procedural orderFiled June 16, 2023

Pollas v. United Parcel Service, Inc.

Judge
Ona Wang
Docket
1:22-cv-10207
Court
U.S. District Court · Southern District of New York
Pages
1
Civil ProcedurePro Se
In one sentence

In Pollas v. United Parcel Service, Judge Wang extended pro se plaintiff Robert Pollas’s deadline to amend his complaint to August 25, 2023.

Who this affects

Robert Pollas, who was proceeding without a lawyer, and United Parcel Service, Inc.; the defendant was directed to serve Pollas with the order and file proof of service.

What happened

Pollas v. United Parcel Service, Inc. concerns a case in which Robert Pollas had been given until April 7, 2023, to file an amended complaint. The opinion says Pollas had not filed one or otherwise communicated with the court.

The court again explained that adding Pollas’s coworkers as defendants would eliminate diversity jurisdiction and require sending the case back to state court. Diversity jurisdiction generally requires that every plaintiff and defendant be citizens of different states, as the court noted.

Judge Wang extended Pollas’s deadline to amend his complaint to August 25, 2023. She directed United Parcel Service, Inc. to serve Pollas with the order and file proof of service.

The detailed version

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

Case
Pollas v. United Parcel Service, Inc. · No. 1:22-cv-10207
Judge
Ona Wang
Date
June 16, 2023

Background

Robert Pollas was proceeding without a lawyer. On March 10, 2023, the court had extended his deadline to file an amended complaint to April 7, 2023. The order states that, by June 16, Pollas had not filed an amended complaint or otherwise communicated with the court.

Jurisdiction warning

The court again noted that if Pollas amended his complaint to add his coworkers as defendants, the court would no longer have diversity jurisdiction. Diversity jurisdiction is a form of federal jurisdiction based on the opposing parties being citizens of different states. The court stated that the case would then be sent back to state court.

Ruling

The court extended Pollas’s deadline to file an amended complaint, effective retroactively as ordered, to August 25, 2023. The court directed United Parcel Service, Inc. to serve Pollas with a copy of the order and file proof of service on the docket. The order did not decide the merits of 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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