Corrigan v. Privatus Care Solutions, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK PATRICIA CORRIGAN,

Plaintiff, 21 Civ. 9274 (PAE)

-v-

ORDER

PRIVATUS CARE SOLUTIONS, INC. ET AL,

Defendants.

PAUL A. ENGELMAYER, District Judge:

On November 9, 2021, defendant Privatus Care Solutions, Inc. removed this case from the Supreme Court of the County of New York, before the other defendants in the action had been served. Dkts. 1, 2. On December 3, 2021, plaintiff, a New York resident, filed a motion to remand to state court, arguing that the Court lacked subject-matter jurisdiction. Dkt. 9. Based on the complaint, which alleges New York citizenship of at least one defendant, the Court doubts that it has subject-matter jurisdiction over this case. See, e.g., Rossillo v. Becton, Dickinson & Co., No. 21 Civ. 852 (LJL), 2021 WL 793916 (S.D.N.Y. Feb. 26, 2021) (remanding where defendants based diversity jurisdiction on the citizenship of non-resident defendants who had been served).

Defendants’ opposition to the motion to remand, if any, will be due December 14, 2021. Plaintiff’s reply, if any, will be due December 21, 2021.

SO ORDERED.

__________________________________ PAUL A. ENGELMAYER

United States District Judge Dated: December 6, 2021

New York, New York