Cortorreal Santana v. Saltos et al

Filing 9

ORDER: 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 inc orporation 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 Assocs., 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. (Signed by Judge Paul A. Engelmayer on 1/28/2025) (tg)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
YERAL OSMAR CORTORREAL SANTANA,
-v-

Plaintiff,

JEFFERSON SALTOS & FREDONIA EXPRESS
CORP.,

25 Civ. 88 (PAE)
ORDER

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. I 112-3. Defendants' filings, however, do not clearly establish the
requisite diversity. Defendants' notice ofremoval states that Saltos is a New Jersey resident, id.

1 3, but their answer denies any knowledge or information sufficient to form a belief as to
Saltos's residency, Dkt.412. Plaintiffs complaint, in contrast, alleges that Saltos is a citizen of
New York, Dkt. 1-112, which, if true, given the plaintiffs 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 Assocs., 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.

PAULA.ENGEL AYER

United States District Judge

Dated: January 28, 2025
New York, New York

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