Thieriot v. Laggner

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK □□ eK JUAN PABLO THIERIOT, : Plaintiff, : : 23 Civ. 1875 (LGS) -against- : : ORDER BILL LAGGNER, : Defendant. : wa K LORNA G. SCHOFIELD, District Judge: WHEREAS, on February 3, 2023, Plaintiff filed this action in the Supreme Court of the State of New York, New York County. On March 3, 2023, Defendant filed a timely notice of removal to this District. WHEREAS, the notice of removal states that Plaintiff is a resident of California and Florida and that Defendant is a resident of Texas. The state court complaint states that Plaintiff resides in Florida and Defendant resides in Texas. The notice of removal does not contain a statement regarding the parties’ citizenship at time of the commencement of the action and the time of removal. WHEREAS, “it is well-established that allegations of residency alone cannot establish citizenship.” Canedy v. Lib. Mut. Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997); accord Wright v. Musanti, 887 F.3d 577, 585 (2d Cir. 2018). However, “when the basis for jurisdiction is not properly alleged, leave to correct a technical defect should be freely given.” Jd. It is hereby ORDERED that no later than March 9, 2023, Defendant shall file an amended notice of removal that properly states the basis for jurisdiction. Dated: March 7, 2023 New York, New York □

LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE