GCube Insurance Services, Inc. v. Neighborhood Power Corporation

District Court, S.D. New York

GCube Insurance Services, Inc. v. Neighborhood Power Corporation

Trial Court Opinion

DOCUMENT ELECTRONICALLY FILED DOC #: UNITED STATES DISTRICT COURT Hait Ficee; 8/5/20 SOUTHERN DISTRICT OF NEW YORK

GCube Insurance Services, Inc., individually and on behalf of Certain Underwriters at Lloyds London, Subscribing to Policy SO 174415602, Plaintiff, 20-cv-4912 (AJN) ORDER Neighborhood Power Corporation, Defendant.

ALISON J. NATHAN, District Judge: On July 27, 2020, the Court ordered the Defendant to show cause why this action should not be remanded for lack of subject matter jurisdiction and why complete diversity exists among the parties. Dkt. No. 8. On August 4, 2020, the Defendant filed a letter conceding that the adverse parties in this case are not completely diverse; it also notified the Court that it seeks to voluntarily withdraw its Notice of Removal and that it consents to this matter being remanded to state court. Dkt. No. 10. Due to the lack of complete diversity, the Court finds that it has no subject matter jurisdiction over this action. See Herrick Co. v. SCS Comme’ns, Inc.,

251 F.3d 315

, 322 (2d Cir. 2001) (“[D]iversity jurisdiction is available only when all adverse parties to a litigation are completely diverse in their citizenships.”). Accordingly, the Clerk of Court is respectfully directed to REMAND this case to the New York Supreme Court, New York County and to close the case. SO ORDERED. Dated: August 4, 2020 Ain (A isto New York, New York ALISON J. NATHAN United States District Judge

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