UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX CHRISTOPHER SHIULAZ, : Plaintiff, : -V- : 23-CV-293 (JMF) MICHAEL E. BEATON, et al., : MEMORANDUM OPINION : AND ORDER Defendants. : wan ee KX JESSE M. FURMAN, United States District Judge: On January 12, 2023, Defendants removed this case from New York State court, invoking this Court’s federal diversity jurisdiction pursuant to Title

. See ECF No. 1. It is well established that the party invoking diversity jurisdiction to remove a case to federal court “has the burden of proving that it appears to a reasonable probability that the claim is in excess of the statutory jurisdictional amount.” Scherer v. Equitable Life Assurance Soc’y of U.S.,

(2d Cir. 2003) (cleaned up). Defendants’ notice of removal did not demonstrate to a reasonable probability that the claim was in excess of $75,000, and this Court issued an order requiring Defendants to show cause why the action should not be remanded for lack of subject-matter jurisdiction. See ECF No. 4. On January 27, 2023, Defendants filed a response providing no additional basis to satisfy the amount in controversy requirement and all but conceding that removal was improper. See ECF No. 7. It follows that the case must be and is remanded back to the state court from whence it came, without prejudice to removal later (assuming that removal for a second time is not impermissible) in the event that Defendants receive “a copy of an amended pleading, motion, order or other paper from which it may first be ascertained that the case is one which 1s or has become removable.”

. Although

(c) provides that “[a]n order remanding the case may require payment of just costs and any actual expenses, including attorney fees, incurred as a result of the removal,” Plaintiff does not seek fees or costs in his response. See ECF No. 9. The Clerk of Court is directed to immediately remand this case back to Bronx County Supreme Court and to close the case on this Court’s docket. SO ORDERED. Dated: February 6, 2023 New York, New York JESS URMAN nited States District Judge