Minier v. Mensah
- Lewis Kaplan
- 1:24-cv-01311
- U.S. District Court · Southern District of New York
- 1
In Minier v. Mensah, Judge Kaplan gave March 5, 2024, as the deadline to correct the removal notice or face remand for lack of jurisdiction.
The parties to Minier v. Mensah, because the case could be remanded from federal court if an adequate amended notice of removal was not filed by March 5, 2024.
What happened
In Minier v. Mensah, the court reviewed a notice removing the case to federal court. The notice relied on federal diversity jurisdiction and removal statutes but did not adequately allege facts establishing subject-matter jurisdiction.
The court identified possible gaps involving the citizenship of natural persons, corporations, partnerships, and limited liability companies. The opinion does not specify which particular allegations were missing.
Judge Kaplan required an amended notice of removal adequately alleging subject-matter jurisdiction to be filed by March 5, 2024. The court stated that, if no adequate amended notice was filed by then, the action would be remanded for lack of subject-matter jurisdiction.
The detailed version
- Minier v. Mensah · No. 1:24-cv-01311
- Lewis Kaplan
- Feb. 22, 2024
Background
The case is captioned with Raymond M. Minier and others as plaintiffs and Alicia K. Mensah and another defendant. The notice of removal invoked 28 U.S.C. §§ 1332, 1441, and 1446. Section 1332 concerns federal jurisdiction based on diversity of citizenship; Sections 1441 and 1446 address removal of cases from state court to federal court.
Court’s Analysis
The court found that the notice of removal did not adequately allege the existence of subject-matter jurisdiction. The order identified several possible deficiencies: the notice might not adequately allege the nationality and citizenship of one or more natural persons; the citizenship of one or more corporations; the citizenship of one or more partnerships; or the exact nature and citizenship of one or more alleged limited liability companies. The order does not state which of these possible deficiencies applied to the notice.
Ruling
The court set March 5, 2024, as the deadline for filing an amended notice of removal adequately alleging subject-matter jurisdiction. It stated that, absent such a filing, the action would be remanded for lack of subject-matter jurisdiction. The order did not itself state that the action was remanded on February 22, 2024.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.