Bordes, Jr. v. Deveaux

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX PETER BORDES, JR., : Plaintiff, : : 23 Civ. 7430 (JPC) -v- : : ORDER MARC DEVEAUX, : Defendant. :

wn ee KX JOHN P. CRONAN, United States District Judge: Plaintiff filed his Complaint on August 22, 2023, invoking the Court’s subject matter jurisdiction on the ground of diversity of citizenship under 28 U.S.C. § 1332. Dkt. 1. The Complaint alleges that Plaintiff resides in New York and Defendant resides in New Jersey. at 4 1-2. “[R]esidence alone is insufficient to establish domicile for jurisdictional purposes,” Van Buskirk vy. United Grp. Cos., 935 F.3d 49, 54 (2d Cir. 2019), and, therefore, ‘“‘a statement of the parties’ residence is insufficient to establish their citizenship,” Leveraged Leasing Admin. Corp. v. PacifiCorp Cap., Inc., 87 F.3d 44, 47 (2d Cir. 1996). Accordingly, it is hereby ORDERED that by August 31, 2023, Plaintiff shall amend his Complaint to allege the citizenship of the Plaintiff and Defendant. If Plaintiff fails to amend the Complaint by that date, or otherwise properly establish this Court’s jurisdiction pursuant to 28 U.S.C. § 1332, the Court will dismiss this action for lack of subject matter jurisdiction without further notice. SO ORDERED. Whe Dated: August 24, 2023 of New York, New York JOHN P. CRONAN United States District Judge