Broadwall Management Corp. v. Federal Insurance Company

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX BROADWALL MANAGEMENT CORP. et al., : Plaintiffs, : : 22-CV-1506 (JMF) -v- : : ORDER FEDERAL INSURANCE COMPANY, : Defendant. : wee KX JESSE M. FURMAN, United States District Judge: On March 17, 2022, Defendant Federal Insurance Company (“FIC”) filed a letter requesting that the Court remand this matter back to the Supreme Court of New York, New York County because, based on Plaintiffs’ counsel’s representations, complete diversity of citizenship between the parties does not exist. Because “the defendant [does not] aver that all of the requirements of diversity jurisdiction are met,” removal to this Court is improper. Mills 2011 LLC v. Synovus Bank, 921 F. Supp. 2d 219, 220 (S.D.N.Y. 2013) (citing Brown v. Eli Lilly & Co., 654 F.3d 347, 356 (2d Cir. 2011)). Accordingly, FIC’s application is GRANTED. The Clerk of Court is directed to remand this case to the Supreme Court of New York for further proceedings and to close the case. SO ORDERED. Dated: March 18, 2022 New York, New York JESSEM-FURMAN nited States District Judge