Bordes, Jr. v. Deveaux
- John Cronan
- 1:23-cv-07430
- U.S. District Court · Southern District of New York
- 1
In Bordes, Jr. v. Deveaux, Judge Cronan ordered Plaintiff to provide citizenship details needed to show federal jurisdiction, or face dismissal.
Peter Bordes, Jr. must amend his complaint to allege the citizenship of both parties or otherwise establish federal jurisdiction by August 31, 2023; otherwise, the court stated it would dismiss the action.
What happened
In Bordes, Jr. v. Deveaux, Peter Bordes, Jr. sued Marc Deveaux and relied on the federal court’s authority over disputes between citizens of different states. The complaint said Bordes resides in New York and Deveaux resides in New Jersey.
The court explained that residence alone does not establish a person’s citizenship for this type of federal jurisdiction. It ordered Bordes to amend the complaint by August 31, 2023, to allege both parties’ citizenship. The court did not dismiss the case in this order.
Judge John P. Cronan warned that if Bordes did not amend the complaint or otherwise properly establish federal jurisdiction, the court would dismiss the action for lack of jurisdiction without further notice.
The detailed version
- Bordes, Jr. v. Deveaux · No. 1:23-cv-07430
- John Cronan
- Aug. 24, 2023
Background
Peter Bordes, Jr. filed a complaint against Marc Deveaux on August 22, 2023. The complaint invoked diversity jurisdiction under 28 U.S.C. § 1332, which can give a federal court authority over a dispute involving citizens of different states. The complaint alleged that Bordes resides in New York and Deveaux resides in New Jersey.
Court’s Analysis
The court stated that residence alone is insufficient to establish domicile, and that a statement of residence is insufficient to establish citizenship for diversity-jurisdiction purposes. The opinion therefore found that the complaint had not adequately alleged the facts needed to establish the court’s subject-matter jurisdiction.
Order
The court ordered Bordes to amend the complaint by August 31, 2023, to allege the citizenship of both Bordes and Deveaux. If Bordes failed to amend the complaint by that date, or otherwise properly establish jurisdiction under Section 1332, the court stated that it would dismiss the action for lack of subject-matter jurisdiction without further notice. The order itself did not dismiss the action.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.