Ding v. The Dalston Dressing Room, Ltd.

Opinion

UNITED STATES DISTRICT COURT DATE FILED: 10/25 /2023 SOUTHERN DISTRICT OF NEW YORK -------------------------------------------------------------- X YIXIAO DING, : : Plaintiff, : -against- : : 23-CV-9240 (VEC) : THE DALSTON DRESSING ROOM, LTD., d/b/a : ORDER Ojiri Gallery, : : Defendant. : -------------------------------------------------------------- : X VALERIE CAPRONI, United States District Judge: WHEREAS on October 20, 2023, Defendant filed a Notice of Removal in this matter, Not. of Removal, Dkt. 1; WHEREAS Defendant alleges that this Court’s subject matter jurisdiction in this matter is premised on diversity, id. ¶ 12; WHEREAS diversity jurisdiction exists if the lawsuit is between citizens of different states, 18 U.S.C. § 1332(a)(1), or if the lawsuit is between citizens of a state and citizens or subjects of a foreign state, 18 U.S.C. § 1332(a)(2); WHEREAS diversity based on alienage does not exist if all parties are aliens, Franceskin v.Credit Suisse, 214 F.3d 253, 258 (2d Cir. 2000); WHEREAS the Notice of Removal alleges that Plaintiff is a citizen of China, see Not. of Removal ¶ 12; WHEREAS the Complaint alleges that Defendant is is a citizen of the United Kingdom, see id.; and WHEREAS Defendant acknowledged that the Court does not have subject matter jurisdiction and consented to remand, Dkt. 4. IT IS HEREBY ORDERED that the Clerk of Court is respectfully directed to remand this case to the Supreme Court of New York, County of New York.

SO ORDERED. . ~

Date: October 25, 2023 VALERIE CAPRONI New York, New York United States District Judge