Thomas-Leslie v. Dollar Tree Stores, Inc.

District Court, S.D. New York

Thomas-Leslie v. Dollar Tree Stores, Inc.

Trial Court Opinion

USDC SDNY UNITED STATES DISTRICT COURT DOCUMENT SOUTHERN DISTRICT OF NEW YORK FILED DEBRA THOMAS-LESLIE, DATE FILED: 9/10/2020. Plaintiff, -against- 20 Civ. 5447 (AT) DOLLAR TREE STORES, INC. DOLLAR TREE ORDER STORE #4169, EXPERT JANITORIAL D/B/A NATIONAL JANITORIAL SOLUTIONS, and ONE-A CLEANING & MAINTENANCE, Defendants. ANALISA TORRES, District Judge: Defendant, Dollar Tree Stores, Inc., removed this action from Supreme Court, Bronx County to this Court by reason of diversity of citizenship under

28 U.S.C. § 1332

(a). Notice of Removal 45, ECF No. 1. Diversity jurisdiction pursuant to

28 U.S.C. § 1332

(a)(2) requires the action to be between “citizens of a State and citizens or subjects of a foreign state.” “[T]he presence in the action of a single plaintiff from the same State as a single defendant deprives the district court of original diversity jurisdiction over the entire action.” Exxon Mobil Corp. v. Allapattah Servs., Inc.,

545 U.S. 546, 553

(2005) (citing Strawbridge v. Curtis,

7 U.S. (3 Cranch) 267

(1806)). Plaintiff's amended complaint does not allege complete diversity among the parties. See Compl. 1, 20, ECF No. 9. Thus, the complaint has failed to set forth “a short and plain statement of the grounds for the court’s jurisdiction,” Fed. R. Civ. P. 8(a)(1). Accordingly, it is ORDERED that this action is REMANDED to Supreme Court, Bronx County. The Clerk of Court is directed to remand the matter to Supreme Court, Bronx County, and close the case. SO ORDERED. Dated: September 10, 2020 New York, New York

ANALISA TORRES United States District Judge

Reference

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