Cortorreal Santana v. Saltos

District Court, S.D. New York

Cortorreal Santana v. Saltos

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

YERAL OSMAR CORTORREAL SANTANA, Plaintiff, 25 Civ. 88 (PAE) ~ ORDER JEFFERSON SALTOS & FREDONIA EXPRESS CORP., Defendants.

PAUL A. ENGELMAYER, District Judge: On January 3, 2025, defendants Jefferson Saltos and Fredonia Express Corp. filed a notice of removal in this case, asserting diversity of citizenship of the parties as the sole basis for federal jurisdiction. Dkt. 1 §§[ 2-3. Defendants’ filings, however, do not clearly establish the requisite diversity. Defendants’ notice of removal states that Saltos is a New Jersey resident, id. but their answer denies any knowledge or information sufficient to form a belief as to Saltos’s residency, Dkt. 4] 2. Plaintiff's complaint, in contrast, alleges that Saltos is a citizen of New York, Dkt. 1-1 4 2, which, if true, given the plaintiff's New York citizenship, would destroy diversity. . To enable the Court to reliably determine whether there is diversity of citizenship, the removing defendants must submit to the Court, by January 31, 2025, a letter, filed on ECF, setting out the citizenship of all parties, the place of incorporation and principal place of business □

of any corporate entities, and the factual bases for these conclusions. See

28 U.S.C. § 1332

(c); Hertz Corp. v. Friend,

559 U.S. 77, 80

(2010); Curley v. Brignoli, Curley & Roberts Assoes.,

915 F.2d 81

, 83 (2d Cir. 1990) (“[S]ubject matter jurisdiction is an unwaivable sine qua non for the exercise of federal judicial power.”).

SO ORDERED. ~y oa A “ D ph Sy Pah A. PA al Nirya Pie Le gle eg PAUL A. ENGELMAYER United States District Judge Dated: January 28, 2025 New York, New York

Reference

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