Urena v. United Natural Foods Inc.

Opinion

USONUITTEHDE RSTNA DTIESST RDIICSTT ROIFC TN ECWOU YROTR K -------------------------------------------------------------X : GEORGINA URENA, : Plaintiff, : : 23 Civ. 1030 (LGS) -against- : : ORDER UNITED NATURAL FOODS, INC., et al., : Defendants. : : -------------------------------------------------------------X

LORNA G. SCHOFIELD, District Judge: WHEREAS, on February 7, 2023, Defendants filed a Notice of Removal (Dkt. No. 1). WHEREAS, the Notice of Removal failed to allege the citizenship of Plaintiff and Defendants “both at the time the original action is filed in state court and at the time removal is sought to federal court.” Adrian Family Partners I, L.P. v. ExxonMobil Corp., 79 F. App’x 489, 491 (2d Cir. 2003) (summary order); see also Chapman v. Crane Co., 694 F. App’x 825, 828 (2d Cir. 2017) (summary order). WHEREAS, a District Court may sua sponte remand a case for a procedural defect within thirty (30) days of the filing of the Notice of Removal, and may sua sponte remand a case at any time for lack of subject matter jurisdiction. Mitskovski v. Buffalo & Fort Erie Pub. Bridge Auth., 435 F.3d 127, 131 (2d Cir. 2006); accord Valentin v. Dollar Tree Stores, Inc., No. 21 Civ. 3647, 2021 WL 3852039, at *1 (S.D.N.Y. July 8, 2021). WHEREAS, if a “notice of removal and the underlying state-court record failed to establish whether the parties to this action were completely diverse,” the district court should “remand[] the case to state court.” Platinum-Montaur Life Scis., LLC v. Navidea Biopharmaceuticals, Inc., 943 F.3d 613, 618 (2d Cir. 2019). It is hereby ORDERED that the matter is remanded to state court. Pursuant to 28 U.S.C. § 1447(c), the Clerk of Court is respectfully directed to mail a certified copy of this Opinion and Order to the Supreme Court of the State of New York, Bronx County. The Clerk of Court is further directed to close the case. Dated: February 9, 2023 . New York, New York LORNA G. SCHOFIEL UNITED STATES DISTRICT JUDGE