Ferrer v. Westchester Saving People et al

Filing 7

ORDER. This action is remanded to the court from which it was removed for lack of subject matter jurisdiction and hence of removability. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/11/25) (yv) Transmission to Docket Assistant Clerk for processing.

~ - - ---.
~
-=
-----=;;;.----- ---- \
.

usoc soNY

oocuMEN~ CALLY f\LFJ)
ELECiRO\\\

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK

-- ---------------------------------- - ----- x
MELISSA FERRER,

ooc#:~
oAiE FILEO· ~

Plaintiff,

-against-

25-cv-1703 (LAK)

WESTCHESTER SAVINGS BANK, et al.,
Defendants.

--- ---- - ---------------------------------- x
ORDER

LEWIS A. KAPLAN, District Judge.

By order dated February 28, 2025, the Court drew attention to the fact that the notice of removal
in this case, which purportedly rested on diversity of citizenship, failed adequately to allege the citizenship of the
plaintiff and the nature and citizenship of one or more defendant entities and noted that the action would be
remanded to the state court unless an amended notice ofremoval curing these deficiencies was filed by a date
certain.
Defendants filed an amended notice of remova l which cured the defect in the a llegati on of the
nature and citizenship of the defendant entities. The amended notice, however, did not cure the failure to allege
that plaintiff was a citizen of New York and of the United States. This is so despite the fact that the February 28
order, in pointing out that the original notice ofremoval did not adequately a llege plaintifrs citizenship, cited Sun
Printing & Publishing Ass 'n v. Edwards, 194 U.S. 377 ( I 904), and Leveraged Leasing Administration Corp. v.
PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996), both of which make quite c lear that an allegation ofresidence
alone is not a sufficient allegation of citizenship. Sun Publishing, 194 U.S. at 382-83 (" Had the transcript shown
nothing more as to the citizenship of Edwards than the averment of the complaint that he was a 'resident of the
State of Delaware,' ... such an averment would not necessarily have imported that Edwards was a citizen of
Delaware" because it would not necessarily have meant that he was domiciled in Delaware and a U.S. citizen);
Leveraged Leasing, 87 F.3d at 47 ("It is also c lear that a statement of the parties' residence is insufficient to
estab lish their citizenship." ).
Accordingly, this action is remanded to the court from which it was removed for lack of subject
matter jurisdiction and hence ofremovability.
SO ORDERED.
Dated:

March 11 , 2025

Lewis A. Kaplan
United States District Judge