Cortorreal Santana v. Saltos
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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