Erland v. GoJet Airlines, LLC

Filing 6

ORDER ADOPTING 5 SUA SPONTE REPORT AND RECOMMENDATIONS. Ordered by Judge Jack B. Weinstein on 2/23/2015. (Barrett, C)

Case 1:14-cv-07430-JBW-RLM Document 5 Filed 02/04/15

Page 1 of 2 PagelD #: 19

FILED
IN CLERK'S OFFICE

U.S. DISTRICT COURT E.D.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

* MAR 0 i 2015 *
ROOKLYN OFFICE

JEANNE ERLAND,

REPORT AND
RECOMMENDATION

Plaintiff,
-against-

14-CV-7430 (JBW)

GOJET AIRLINES, LLC,
Defendant.
------------------------------------- ---x
ROANNE L. MANN, UNITED STATES MAGISTRATE JUDGE:
In an Order dated December 23, 2014, this Court identified several deficiencies in the
Notice of Removal filed by defendant GoJet Airlines, LLC ("defendant"), a limited liability
corporation ("LLC"). See Order (Dec. 23, 2014) ("Order"), Electronic Case Filing Docket
Entry ("DE") #4; Notice of Removal (Dec. 23, 2014) ("Notice"), DE #1. Specifically, the
Court observed that the Notice "fails to specify the citizenship of each of the members of the
LLC, and thus is insufficient to establish complete diversity of citizenship." Order.'
Additionally, the Notice "provides no factual basis for defendant's conclusory assertion that
'the amount in controversy is alleged to exceed $75,000 . . . ." Order (quoting Notice 110).'
Accordingly, defendant was directed to file an amended Notice of Removal, curing these

A limited liability company has the citizenship of each of its members for purposes of
diversity jurisdiction. See Receivables Exchange LLC v. Hotton, No. 11 -CV-0292
(JS)(WDW), 2011 WL 239865, at *1 (E.D.N.Y. Jan. 21, 2011) (sua sponte dismissing
complaint without prejudice and citing Handelsman v. Bedford Vill. Assocs. Ltd. P'ship, 213
F.3d 48, 51 (2d Cir. 2000)).
2

See,
Belloccbio v. Enodis Corp., 499 F.Supp.2d 254, 256 (E.D.N.Y. 2007) (collecting
cases and remanding matter to state court based on conclusory assertion in Notice of Removal
with respect to amount in controversy).

/

Ll)d1

Case 1:14-cv-07430-JBW-RLM Document 5 Filed 02/04/15 Page 2 of 2 PagelD #: 20

defects, by January 5, 2015. See Order.
Defendant's response to the Court's Order is almost one month overdue. As defendant
has not cured the defects in its Notice of Removal, it is the recommendation of this Court that
the case be remanded to state court.
Any objections to this Report and Recommendation must be filed with the Honorable
Jack B. Weinstein on or before February 23, 2015. Failure to file objections in a timely
manner may waive a right to appeal the District Court order. See 28 U.S.C. § 636(b)(1); Fed.
R. Civ. P. 6(a)(1), 72(b)(2); Small v. Sec'y of Health & Human Servs., 892 F.2d 15, 16 (2d

Cir. 1989).
The Clerk is requested to enter this Report and Recommendation into the ECF system.
SO ORDERED.
Dated: Brooklyn, New York
February 4, 2015
Is'

ROANNE L. MANN
UNITED STATES MAGISTRATE JUDGE

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