Garcia v. Korzeniewski

S.D. New York

Garcia v. Korzeniewski

DecidedAugust 12, 2021

Docket1:21-cv-06412

StatusUnknown

This text of Garcia v. Korzeniewski (Garcia v. Korzeniewski) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Garcia v. Korzeniewski, (S.D.N.Y. 2021).

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Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX JACQUELINE GARCIA, : Plaintiff, : : 21-CV-6412 (JMF) -v- : : ORDER STANISLAW KORZENIEWSKT et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: In Defendants’ supplemental submission addressing the basis for the Court’s subject- matter jurisdiction, Defendants contend that “[s]ince plaintiff is not a resident of Illinois or Florida, complete federal diversity of citizenship exists.” ECF No. 8, at 2 (emphasis added). Similarly, Plaintiff alleges in her Complaint that “the plaintiff... was and still is a resident of BRONX County and the State of New York,” ECF No. 1-1, ¥ 1 (emphasis added), and Defendants state in their Notice of Removal that “Defendant, STANISLAW KORZENIEWSKI is a resident of the State of Florida,” ECF No. 1, at 2 (emphasis added). It is well established that “[flor the purpose of diversity jurisdiction, a statement of the parties’ residence is insufficient to establish their citizenship.” (internal quotation marks and citation omitted)); see also, e.g., Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998) (“For purposes of diversity Jurisdiction, a party’s citizenship depends on his domicile.”); Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997) (“[A]llegations of residency alone cannot establish citizenship... .”). Accordingly, no later than August 19, 2021, Plaintiff shall file an amended complaint properly alleging the citizenship of each party to this action. If, by that date, Plaintiff does not file an amended complaint establishing this Court’s subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. Pursuant to the Court’s Order of July 29, 2021, Plaintiff shall also file any response to Defendants’ supplemental submission regarding subject-matter jurisdiction no later than August 19, 2021. See ECF No. 5. SO ORDERED. Dated: August 12, 2021 New York, New York SSE RMAN ited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wee KX JACQUELINE GARCIA, : Plaintiff, : : 21-CV-6412 (JMF) -v- : : ORDER STANISLAW KORZENIEWSKT et al., : Defendants. : wee KX JESSE M. FURMAN, United States District Judge: In Defendants’ supplemental submission addressing the basis for the Court’s subject- matter jurisdiction, Defendants contend that “[s]ince plaintiff is not a resident of Illinois or Florida, complete federal diversity of citizenship exists.” ECF No. 8, at 2 (emphasis added). Similarly, Plaintiff alleges in her Complaint that “the plaintiff... was and still is a resident of BRONX County and the State of New York,” ECF No. 1-1, ¥ 1 (emphasis added), and Defendants state in their Notice of Removal that “Defendant, STANISLAW KORZENIEWSKI is a resident of the State of Florida,” ECF No. 1, at 2 (emphasis added). It is well established that “[flor the purpose of diversity jurisdiction, a statement of the parties’ residence is insufficient to establish their citizenship.” (internal quotation marks and citation omitted)); see also, e.g., Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998) (“For purposes of diversity Jurisdiction, a party’s citizenship depends on his domicile.”); Canedy v. Liberty Mut. Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997) (“[A]llegations of residency alone cannot establish citizenship... .”). Accordingly, no later than August 19, 2021, Plaintiff shall file an amended complaint properly alleging the citizenship of each party to this action. If, by that date, Plaintiff does not file an amended complaint establishing this Court’s subject-matter jurisdiction, the Court will dismiss the case without prejudice and without further notice to any party. Pursuant to the Court’s Order of July 29, 2021, Plaintiff shall also file any response to Defendants’ supplemental submission regarding subject-matter jurisdiction no later than August 19, 2021. See ECF No. 5. SO ORDERED. Dated: August 12, 2021 New York, New York SSE RMAN ited States District Judge

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