Herrera v. Alejandro

District Court, S.D. New York

Herrera v. Alejandro

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK we KX ANDERSON OSMEL ABREU HERRERA, : Plaintiff, : : 24-CV-9804 (VSB) -against- : : ORDER FRAGOSO ALEJANDRO and VIRGINIA : TRANSPORTATION CORP., : Defendants. :

wee eee KX VERNON S. BRODERICK, United States District Judge: On December 19, 2024, Defendants removed this case from the Supreme Court of the State of New York to the United States District Court for the Southern District of New York. (Doc. 1.) The grounds for Defendants’ notice of removal was diversity jurisdiction. (/d. | □□ 13.) Defendants, however, fail to adequately plead the citizenship of Defendant Virginia Transportation Corp., stating only that it was incorporated in Rhode Island. Ud. 99.) A corporation’s citizenship for diversity purposes is determined by both its state of incorporation and its principal place of business. See

28 U.S.C. § 1332

(c)(1); see also Hertz Corp. v. Friend,

559 U.S. 77, 92-93

(2010) (holding that a corporation’s principal place of business is its “nerve center... where a corporation’s officers direct, control, and coordinate the corporation’s activities”). Defendants are directed to amend their notice of removal to properly plead a basis for this Court’s jurisdiction by February 5, 2025, or I will remand this case to state court pursuant to

28 U.S.C. § 1447

(c). SO ORDERED. oye Dated: January 22, 2025 Hy New York, New York LEAS Yuga iad Vernon S. Broderick United States District Judge

Reference

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