Shemiah Ford v. Corey Shader

S.D. New York

Shemiah Ford v. Corey Shader

DecidedNovember 26, 2025

Docket1:25-cv-00748

StatusUnknown

This text of Shemiah Ford v. Corey Shader (Shemiah Ford v. Corey Shader) 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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Shemiah Ford v. Corey Shader, (S.D.N.Y. 2025).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x SHEMAIAH FORD, Plaintiff,

25-cv-748 (PKC)

-against- ORDER

COREY SHADER,

Defendant. -----------------------------------------------------------x

CASTEL, U.S.D.J. Plaintiff’s complaint alleges that she resides in New York. (ECF 51 ¶ 19.) Defendant’s attorney has asserted that he is a domiciliary of Florida (ECF 1 ¶ 16) but no affidavit attests to that assertion. For the purposes of alleging diversity jurisdiction, “residence alone is insufficient to establish domicile for jurisdictional purposes.” Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). “‘An individual’s citizenship, within the meaning of the diversity statute, is determined by his domicile . . . [in other words] the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning.’” Id. at 53 (brackets and ellipsis in original; quoting Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)); see also Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 321 (S.D.N.Y. 2016) (“Residences matter only if they assist in establishing domicile and citizenship.”) (Stanton, J.). By December 9, 2025, Plaintiff and Defendant shall file affidavits setting forth the state in which each is domiciled.

SO ORDERED. LZ Pion lal United States District Judge Dated: New York, New York November 26, 2025

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK -----------------------------------------------------------x SHEMAIAH FORD, Plaintiff,

25-cv-748 (PKC)

-against- ORDER

COREY SHADER,

Defendant. -----------------------------------------------------------x

CASTEL, U.S.D.J. Plaintiff’s complaint alleges that she resides in New York. (ECF 51 ¶ 19.) Defendant’s attorney has asserted that he is a domiciliary of Florida (ECF 1 ¶ 16) but no affidavit attests to that assertion. For the purposes of alleging diversity jurisdiction, “residence alone is insufficient to establish domicile for jurisdictional purposes.” Van Buskirk v. United Grp. of Companies, Inc., 935 F.3d 49, 54 (2d Cir. 2019). “‘An individual’s citizenship, within the meaning of the diversity statute, is determined by his domicile . . . [in other words] the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning.’” Id. at 53 (brackets and ellipsis in original; quoting Palazzo ex rel. Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)); see also Avant Cap. Partners, LLC v. W108 Dev. LLC, 387 F. Supp. 3d 320, 321 (S.D.N.Y. 2016) (“Residences matter only if they assist in establishing domicile and citizenship.”) (Stanton, J.). By December 9, 2025, Plaintiff and Defendant shall file affidavits setting forth the state in which each is domiciled.

SO ORDERED. LZ Pion lal United States District Judge Dated: New York, New York November 26, 2025

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