Torrey-O'Neal v. Ford Motor Company et al

Filing 6

ORDER granting #3 Motion to Remand to State Court. Based on the foregoing, Plaintiff's motion to remand (Docket Entry 3) is GRANTED and this action shall be remanded to New York State Supreme Court, Nassau County. The Clerk of the Court is directed to mark this matter CLOSED. So Ordered by Judge Joanna Seybert on 7/20/11. C/ECF (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------X
JANICE TORREY-O’NEAL,
Plaintiff,

ORDER
11-CV-1527(JS)(ARL)

-againstCARDONE INDUSTRIES USA, AMERICAN
INTERNATIONAL GROUP, INC., and
FORD MOTOR CO.,
Defendants.
------------------------------------X
APPEARANCES:
For Plaintiff:
Bernard A. Nathan, Esq.
Bernard A. Nathan, P.C.
P.O. Box 443
West Islip, NY 11795
For Defendants:
Ford Motor Co.

Cardone Industries
and AIG:

Peter Joseph Fazio, Esq.
Aaronson, Rappaport, Feinstein & Deutsch
600 Third Avenue
New York, NY 10016

No appearances.

SEYBERT, District Judge:
Plaintiff
Cardone

Industries,

Janice
Ford

Torrey-O’Neal

Motor

Company

(“Plaintiff”)

(“Ford”)

and

sued

American

International Group (“AIG”) in New York State Supreme Court,
Nassau County for damages arising out of an automobile accident.
Ford removed the case to this Court; pending before the Court is
Plaintiff’s

motion

to

remand

the

case

back

to

state

court.

Plaintiff, a New Yorker, points out that AIG’s headquarters is

in

Manhattan

and

argues

that

this

case

lacks

the

complete

diversity of citizenship required for federal jurisdiction.
28 U.S.C. § 1332.

See

Ford, the only Defendant to have appeared in

this case, does not oppose the motion.

(See Docket Entry 5.)

The Court agrees that this case should be returned to
state court.

A corporation’s principal place of business is

typically its headquarters, thus AIG should be considered a New
York citizen for purposes of the diversity analysis.

See Hertz

Corp. v. Friend, __ U.S. __, 130 S. Ct. 1181, 1192, 175 L. Ed.
2d 1029 (2010).

Inasmuch as both Plaintiff and AIG are New

Yorkers, complete diversity is lacking and the action should be
remanded.
Based on the foregoing, Plaintiff’s motion to remand
(Docket Entry 3) is GRANTED and this action shall be remanded to
New York State Supreme Court, Nassau County.

The Clerk of the

Court is directed to mark this matter CLOSED.

SO ORDERED.

/s/ JOANNA SEYBERT______
Joanna Seybert, U.S.D.J.
Dated:

July 20 , 2011
Central Islip, New York

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