USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K -------------------------------------------------------------X : RUEBIN KENNEDY, : Plaintiff, : : 22 Civ. 3923 (LGS) -against- : : ORDER JOE OROCHENA and YRC INC. d/b/a YRC : FREIGHT, : Defendant. : X -------------------------------------------------------------

LORNA G. SCHOFIELD, District Judge: WHEREAS, on May 17, 2022, Defendants filed a Notice of Removal (Dkt. No. 1); WHEREAS, the Notice of Removal fails to allege the citizenship of Defendant YRC Inc., as the Notice of Removal fails to allege “every State . . . by which” the corporate defendant “has been incorporated.”

(c)(1); WHEREAS, a District Court may sua sponte remand a case for a procedural defect within thirty (30) days of the filing of the Notice of Removal, and may sua sponte remand a case at any time for lack of subject matter jurisdiction. Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth.,

(2d Cir. 2006); accord Valentin v. Dollar Tree Stores, Inc., No. 21 Civ. 3647,

, at *1 (S.D.N.Y. July 8, 2021); WHEREAS, “failure to allege the state of ‘incorporation’” in a notice of removal is “fatal to the diversity claim.” Teamsters Loc. 404 Health Servs. & Ins. Plan v. King Pharms., Inc., No. 15 Civ. 4666,

, at *2 (S.D.N.Y. Feb. 24, 2016); accord Berman v. Quality Motors, No. 16 Civ. 128,

, at *2 (S.D.N.Y. Feb. 23, 2016); Cruz v. Stop & Shop Supermarket Co. LLP, No. 15 Civ. 1372,

, at *4 (S.D.N.Y. Oct. 28, 2015). WHEREAS, if a “notice of removal and the underlying state-court record failed to establish whether the parties to this action were completely diverse,” the district court should “remand|[] the case to state court.” Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc.,

(2d Cir. 2019). It is hereby ORDERED that the matter is remanded to state court. Pursuant to

(c), the Clerk of Court is respectfully directed to mail a certified copy of this Opinion and Order to the Supreme Court of the State of New York, Bronx County. The Clerk of Court is further directed to close the case. Dated: May 17, 2022 New York, New York

UNITED STATES DISTRICT JUDGE