Adames v. Martin
- Lewis Kaplan
- 1:24-cv-00042
- U.S. District Court · Southern District of New York
- 1
In Adames v. Martin, Judge Kaplan found the removal notice insufficiently alleged federal jurisdiction and allowed amendment before possible remand.
The parties to Adames v. Martin are affected because the action would be remanded to state court unless an amended notice of removal adequately alleging subject-matter jurisdiction was filed by January 19, 2024.
What happened
In Adames v. Martin, the court reviewed a notice removing the action from state court to federal court. The notice invoked federal jurisdiction based on diversity of citizenship under 28 U.S.C. § 1332.
The court said the notice did not adequately allege facts establishing subject-matter jurisdiction. It identified possible omissions involving the citizenship of individuals, corporations, partnerships, limited liability companies, or other business entities, as well as whether removal was timely.
Judge Lewis Kaplan ordered that an amended notice alleging subject-matter jurisdiction be filed by January 19, 2024. The court stated that, absent that filing, the action would be remanded to state court.
The detailed version
- Adames v. Martin · No. 1:24-cv-00042
- Lewis Kaplan
- Jan. 9, 2024
Background
The action is captioned David Adames v. Michael Edward Martin, et ano. The order states that jurisdiction was invoked under 28 U.S.C. § 1332, which generally concerns federal jurisdiction based on the parties' citizenship and the amount in controversy. The opinion does not describe the underlying claims.
Jurisdictional Deficiencies
The court held that the notice of removal failed adequately to allege the existence of subject-matter jurisdiction. The order stated that the notice failed, perhaps among other things, to allege one or more of the following:
- the citizenship of one or more natural persons; - the citizenship of one or more corporations; - the citizenship of one or more partnerships; - the citizenship of one or more limited liability companies; - the nature and citizenship of one or more business entities; or - the timely removal of the action from state court.
Ruling
The court ordered that an amended notice of removal adequately alleging subject-matter jurisdiction be filed on or before January 19, 2024. It stated that, absent that filing, the action would be remanded to state court. Judge Lewis Kaplan signed the order on January 9, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.