Greenwood Group, LLC v. Brooklands, Inc.

199 F. Supp. 3d 682, 2016 U.S. Dist. LEXIS 105737, 2016 WL 4224008
CourtDistrict Court, W.D. New York
DecidedAugust 10, 2016
Docket1:15-CV-00851 EAW
StatusPublished

This text of 199 F. Supp. 3d 682 (Greenwood Group, LLC v. Brooklands, Inc.) is published on Counsel Stack Legal Research, covering District Court, W.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Greenwood Group, LLC v. Brooklands, Inc., 199 F. Supp. 3d 682, 2016 U.S. Dist. LEXIS 105737, 2016 WL 4224008 (W.D.N.Y. 2016).

Opinion

DECISION AND ORDER

ELIZABETH A. WOLFORD, United States District Judge '

INTRODUCTION

The instant action was removed to this Court from New York State Supreme Court, Erie County, on September 21, 2015. (Dkt. 1). Defendant Arc Devices, Inc. USA (“Arc Devices”) moved pursuant to Federal Rule of Civil Procedure 12(b)(2) for dismissal due to lack of personal juris[684]*684diction. (Dkt. 5). On March 8, 2016, the Court held a hearing at which it reserved decision on Arc Devices’ motion and ordered that limited jurisdictional discovery be conducted. (Dkt. 24).

On April 26, 2016, Plaintiff Greenwood Group, LLC (“Plaintiff’) filed a Notice of Voluntary Dismissal (Dkt. 36) in which it voluntarily dismissed its claim against Arc Devices. Contemporaneously with the filing of the Notice of Voluntary Dismissal, Plaintiff also filed a motion for leave to file an amended complaint and for remand to state court. (Dkt. 35). On May 6, 2016, Arc Devices filed a motion to vacate the Notice of Voluntary Dismissal and for costs and sanctions. (Dkt. 42). On July 12, 2016, the Court entered a Decision and Order (the “July 12th Decision and Order”) granting Plaintiffs motion for leave to file an amended complaint and for remand and denying Arc Devices’ motion to vacate and for costs and sanctions. (Dkt. 51). Arc Devices subsequently moved for reconsideration of that portion of the July 12th Decision and Order granting Plaintiffs motion for remand. (Dkt. 52). Plaintiff filed opposition papers on July 20, 2016. (Dkt. 54). For the reasons set forth below, Arc Devices’ motion for reconsideration is denied.

DISCUSSION

I. Legal Standard

The Federal Rules of Civil Procedure do not recognize a motion for “reconsideration.” See Lopez v. Goodman, No. 10-CV-6413 CJS, 2013 WL 5309747, at *1 (W.D.N.Y. Sept. 20, 2013) (citing Hamilton v. Williams, 147 F.3d 367, 371 n. 10 (5th Cir.1998)). “Since the Federal Rules of Civil Procedure do not expressly provide for motions for reconsideration, such a motion may be construed as a motion to alter or amend judgment under Rule 59(e) or Rule 60(b).” Hill v. Washburn, No. 08-CV-6285, 2013 WL 5962978, at *1 (W.D.N.Y. Nov. 7, 2013) (citing Osterneck v. Ernst & Whinney, 489 U.S. 169, 174, 109 S.Ct. 987, 103 L.Ed.2d 146 (1989)).

As explained by the Second Circuit, “[t]he standard for granting a [motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked— matters, in other words, that might reasonably be expected to alter the conclusion reached by the court.” Shrader v. CSX Transp., Inc., 70 F.3d 255, 257 (2d Cir. 1995). “The major grounds justifying reconsideration are an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent a manifest injustice.” Virgin Atl. Airways v. Nat’l Mediation Bd., 956 F.2d 1245, 1255 (2d Cir.1992) (citations omitted). “With respect to the third of these criteria, to justify review of a decision, the Court must have ‘a clear conviction of error on a point of law that is certain to recur.’ ” Turner v. Vill. of Lakewood, No. 11-CV-211-A, 2013 WL 5437370, at *3-4 (W.D.N.Y. Sept. 27, 2013) (quoting United States v. Adegbite, 877 F.2d 174, 178 (2d Cir.1989)). “ ‘These criteria are strictly construed against the moving party so as to avoid repetitive arguments on issues that have been considered fully by the court.’ ” Boyde v. Osborne, No. 10-CV-6651, 2013 WL 6662862, at *1 (W.D.N.Y. Dec. 16, 2013) (quoting Griffin Indus., Inc. v. Petrojam, Ltd., 72 F.Supp.2d 365, 368 (S.D.N.Y.1999)).

II. Reconsideration is Not Warranted

Arc Devices seeks reconsideration on the ground that the Court misinterpreted the information Arc Devices submitted regarding the citizenship of Arc Devices, Ltd. (“Arc Ireland”). Specifically, Arc Devices argues that Arc Ireland is the equivalent of a U.S. corporation and not of a U.S. limited liability company. Arc Devices [685]*685further requests that it be permitted to file additional briefing and additional factual information, including expert witness testimony, regarding Arc Ireland’s citizenship and/or that the Court conduct an eviden-tiary hearing.

Arc Devices should have made its case when faced with the motion to remand. As the party seeking to invoke this Court’s jurisdiction, Defendants have always born the burden to demonstrate that the removal from state court to federal court was warranted. When faced with Plaintiffs motion to remand, Arc Devices had a full and fair opportunity to present any information regarding Arc Ireland’s citizenship to the Court. Arc Devices is charged with knowing that “on a motion to remand, the party seeking to sustain the removal, not the party seeking remand, bears the burden of demonstrating that removal was proper.” Hodges v. Demchuk, 866 F.Supp. 730, 732 (S.D.N.Y.1994) (citing R.G. Barry Corp. v. Mushroom Makers, Inc., 612 F.2d 661, 655 (2d Cir.1979) (“the burden falls squarely upon the removing party to establish its right to a federal forum by competent proof’)); see also Blockbuster, Inc. v. Galeno, 472 F.3d 53, 57 (2d Cir.2006) (“It is well-settled that the party asserting federal jurisdiction bears the burden of establishing jurisdiction.”). Moreover, “the party seeking remand is presumed to be entitled to it unless the removing party can demonstrate otherwise,” Bellido-Sullivan v. Am. Int’l Grp., Inc., 123 F.Supp.2d 161, 163 (S.D.N.Y.2000), and “any doubts as to removability should be resolved in favor of remand,” Payne v. Overhead Door Corp., 172 F.Supp.2d 475, 477 (S.D.N.Y.2001).

In other words, to the extent that there was any question about Arc Ireland’s citizenship,’ the burden was on Arc Devices to submit evidence to the Court sufficient to establish that diversity existed. That Arc Devices failed to do is not grounds for reconsideration, particularly in the absence of any reason or justification for that failure. See Brown v. Diversified Maint. Sys., LLC, No. 16-CV-230, 2016 WL 3207712, at *4 (W.D.N.Y. June 10, 2016) (“[I]t is not the court’s obligation to lead counsel through a jurisdictional paint-by-numbers scheme. Litigants who call on the resources of a federal court must establish that the tribunal has jurisdiction....”) (quotation omitted); see also Bristol Tech., Inc. v. Microsoft Corp., 127 F.Supp.2d 61, 62 (D.Conn.2000) (a motion for reconsideration may not be used to “plug gaps in an original argument”) (quotation omitted).

Arc Devices’ repetition of the information contained in the affidavit it submitted to the Court in opposition to Plaintiffs motion (see Dkt.

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Related

Hamilton v. Williams
147 F.3d 367 (Fifth Circuit, 1998)
Osterneck v. Ernst & Whinney
489 U.S. 169 (Supreme Court, 1989)
Bruce C. Shrader v. Csx Transportation, Inc.
70 F.3d 255 (Second Circuit, 1995)
Hodges v. Demchuk
866 F. Supp. 730 (S.D. New York, 1994)
Simon Holdings PLC Group of Companies U.K. v. Klenz
878 F. Supp. 210 (M.D. Florida, 1995)
Payne v. Overhead Door Corp.
172 F. Supp. 2d 475 (S.D. New York, 2001)
Griffin Industries, Inc. v. Petrojam, Ltd.
72 F. Supp. 2d 365 (S.D. New York, 1999)
Bellido-Sullivan v. American International Group, Inc.
123 F. Supp. 2d 161 (S.D. New York, 2000)
BRISTOL TECHNOLOGY, INC. v. Microsoft Corp.
127 F. Supp. 2d 61 (D. Connecticut, 2000)

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Bluebook (online)
199 F. Supp. 3d 682, 2016 U.S. Dist. LEXIS 105737, 2016 WL 4224008, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greenwood-group-llc-v-brooklands-inc-nywd-2016.