Aulicino v. B&Z Auto Enterprises LLC

Background

B&Z Auto Enterprises LLC removed Matthew M. Aulicino’s action from the Supreme Court of New York, Bronx County, on May 6, 2024. B&Z asserted that federal jurisdiction existed because the parties were citizens of different states, under the diversity-jurisdiction statutes. B&Z stated that Aulicino was a Florida citizen and that B&Z was a New York citizen.

B&Z identified two members in its required statement: Bobby Albert and Denis & Co Holdings LLC. It did not identify the members of Denis & Co Holdings LLC. On May 7, 2024, the court ordered B&Z to amend its removal filing to allege the citizenship of each person or entity comprising B&Z, including the relevant information about any corporate or limited-liability-company members.

Motions and briefing

On May 14, 2024, Aulicino filed one consolidated submission containing several requests. He sought permission to appear remotely for proceedings other than trial, permission to file documents electronically, activation of his Public Access to Court Electronic Records account, and remand of the action to state court on several grounds. One asserted ground was the forum-defendant rule, which can bar removal based solely on diversity jurisdiction when a properly joined and served defendant is a citizen of the state where the action was filed.

Because Aulicino had filed the remand motion, the court stated that it would no longer require B&Z to meet the earlier May 17 deadline to show cause. Instead, B&Z had to file an opposition brief by May 29, 2024, and Aulicino could file a reply by June 10, 2024.

Ruling

The court granted Aulicino’s request to file documents through the court’s electronic filing system. The order also established the briefing schedule for the remand motion. It did not rule on whether the case should be remanded, whether federal diversity jurisdiction existed, or Aulicino’s other requests. The clerk was directed to mail the order to Aulicino, and B&Z was directed to email it to him.