Andino v. Autozoners, LLC
| Joseph L Andino |
| Autozoners, LLC |
| 1:2023cv06410 |
| August 28, 2023 |
| US District Court for the Eastern District of New York |
| Hector Gonzalez |
| Labor: Other |
| 28 U.S.C. § 1332 Diversity-Employment Discrimination |
| Plaintiff |
Docket Report
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ORDER granting #8 Motion to Remand to State Court. "It is a fundamental precept that federal courts are courts of limited jurisdiction and lack the power to disregard such limits as have been imposed by the Constitution or Congress. Perhaps the most important limit is subject-matter jurisdiction, which defines a court's competence to adjudicate a particular category of cases." Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc., 943 F.3d 613 (2d Cir. 2019). "[S]ubject matter jurisdiction... can never be forfeited or waived. Consequently, defects in subject-matter jurisdiction require correction regardless of whether the error was raised in district court." See United States v. Cotton, 535 U.S. 625, 631 (2002); see also Fed R. Civ. P. 12(h)(3) ("If the court determines at any time that it lacks subject-matter jurisdiction, the Court must dismiss the action.").28 U.S.C. 1332(a) limits federal diversity jurisdiction to actions "where the matter in controversy exceeds the sum or value of $75,000[.]" Defendant argues that the amount in controversy exceeds $75,000 because Plaintiff seeks back pay, front pay, and pain suffering. ECF No. #10 at 1. Defendant further contends that "[a]dding up the three components of damages alleged by Plaintiff brings the likely amount in controversy to a minimum of $108,083.00. Id. at 2. Plaintiff responds by filing a letter stipulating to limit the total damages to $75,000.00 or less." ECF No. #11 . In light of Plaintiff's letter, which the Court deems to be a binding representation regarding the quantum of damages in this case, the Court no longer has jurisdiction. See Standard Fire Ins. Co. v. Knowles, 568 U.S. 588, 595 (2013) ("[F]ederal courts permit individual plaintiffs, who are the masters of their complaints, to avoid removal to federal court, and to obtain a remand to state court, by stipulating to amounts at issue that fall below the federal jurisdictional requirement."); Bernadin v. Amer. Airlines, No. 08-cv-1774, 2009 WL 1910964, at *2-3 (E.D.N.Y. Jul. 1, 2009) (finding that plaintiff's letter request to amend complaint to reduce the amount in controversy deemed binding and sufficient to divest the court of jurisdiction); Foley v. CVS Pharmacy, Inc., No. 17-cv-1631, 2017 WL 5900956, at *2 (D. Conn. Nov. 30, 2017) (holding that "[b]ecause Plaintiff now has stipulated that the amount in controversy is not greater than $75,000, exclusive of interests and costs,... the Court lacks subject matter jurisdiction"). Accordingly, the Court remands the instant action to the Supreme Court of the State of New York, County of Queens, Index No. 714635/2023. Ordered by Judge Hector Gonzalez on 10/6/2023. (JN)
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| Filing 12 MOTION for Extension of Time to File Status Letter and Civil Case Management Plan by Autozoners, LLC. (Billok, Michael) |
| Filing 11 Letter regarding total damages and withdrawal of cause of action for emotional distress by Joseph L Andino (Vandamme, Hendrick) |
| Filing 10 Letter Regarding the Amount in Controversy by Autozoners, LLC (Attachments: #1 Declaration of Miguel Diaz) (Billok, Michael) |
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ORDER re #5 MOTION for pre-motion conference for Defendant's Motion to Dismiss. The Court is in receipt of Plaintiff's letter requesting more time to respond to Defendant's pre-motion conference request letter to file a motion to dismiss. Plaintiff is directed to file his opposition within seven (7) days of the Court's decision on Plaintiff's motion to remand, ECF No. #8 , if necessary. Ordered by Judge Hector Gonzalez on 9/18/2023. (JN)
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ORDER re #8 Motion to Remand to State Court. As the party invoking the Court's diversity jurisdiction, Defendant has "the burden of proving that the case is properly in federal court...." United Food & Commercial Workers Union, Local 919 v. CenterMark Props. Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994). When a plaintiff's complaint does not "clearly allege" an amount, a defendant must allege facts establishing to a "reasonable probability" that the claim is worth over $75,000. United Food & Commercial Workers Union, Local 919, 30 F.3d at 305. Defendant is directed to file a letter no longer than three pages by September 25, 2023, with specific facts supporting its allegation that the amount-in-controversy exceeds $75,000.The letter should also indicate whether the parties have conferred about whether Plaintiff is amenable to agreeing to stipulate that the amount of damages is $75,000 or less. Ordered by Judge Hector Gonzalez on 9/18/2023. (JN)
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| Filing 9 Letter in Opposition to Plaintiff's Letter Motion to Remand to State Court by Autozoners, LLC (Billok, Michael) |
| Filing 8 First MOTION to Remand to State Court Queens Supreme by Joseph L Andino. (Vandamme, Hendrick) |
| Filing 7 NOTICE of Appearance by Hendrick Vandamme on behalf of Joseph L Andino (notification declined or already on case) (Vandamme, Hendrick) |
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ORDER re #5 MOTION for pre motion conference for Defendants Motion to Dismiss. The Court is in receipt of Defendant Autozoners, LLC's pre-motion conference request letter to file a motion to dismiss. Pursuant to Section IV.A of the Court's Individual Practices, Plaintiff had until September 11, 2023 to submit a response and failed to do so. Plaintiff has until September 18, 2023 to file a response. Failure to respond may result in the Court converting Defendant's letter into the motion itself and deeming it unopposed. Ordered by Judge Hector Gonzalez on 9/12/2023. (JN)
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ORDER. The Court directed Plaintiff to file a letter no longer than three pages on or before September 8, 2023, explaining his position regarding whether this case was properly removed from state court by September 8, 2023. See Text Order dated September 1, 2023. Plaintiff failed to do so. Plaintiff is directed to file a letter indicating whether he opposes removal by September 15, 2023. Ordered by Judge Hector Gonzalez on 9/11/2023. (JN)
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Filing 6
SCHEDULING ORDER: Counsel for all parties are directed to file on the docket a joint letter describing the case and a completed civil case management plan by October 16, 2023, as further described in the attached mandatory requirements. Requests for adjournment of the deadline for these submissions will be considered only if made in writing and otherwise in accordance with Section I.D of the Court's Individual Practices. Ordered by Judge Hector Gonzalez on 9/1/2023. (JN)
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| Filing 5 MOTION for pre motion conference for Defendants Motion to Dismiss by Autozoners, LLC. (Billok, Michael) |
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ORDER: Plaintiff shall file a letter no longer than three pages on or before September 8, 2023, explaining their position regarding whether this case was properly removed from state court. Plaintiff's letter must address not only whether the Court has diversity or federal question jurisdiction over the claims at issue in this case, but also whether Defendants complied with the procedural requirements for removal, including the requirements in 28 U.S.C. 1446. Defendants may file a responsive letter no longer than three pages on or before September 15, 2023.If Plaintiff's letter indicates that removal was improper, the Court will likely take under consideration whether to remand this case based solely on the parties' letters, without affording Defendants the opportunity further to brief the issue, regardless of whether Defendant files a responsive letter. Ordered by Judge Hector Gonzalez on 9/1/2023. (JN)
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| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (SR) |
| Filing 3 In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (SR) |
| Case Assigned to Judge Hector Gonzalez. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (SR) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (SR) |
| Filing 2 Corporate Disclosure Statement by Autozoners, LLC identifying Corporate Parent AutoZone, Inc. for Autozoners, LLC. (Billok, Michael) |
| Filing 1 NOTICE OF REMOVAL by Autozoners, LLC ( Filing fee $ 402 receipt number ANYEDC-17030166) (Attachments: #1 Exhibit 1 - Summons and Complaint, #2 Exhibit 2 - Date-stamped service Summons and Complaint, #3 Civil Cover Sheet) (Billok, Michael) |
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| Plaintiff: Joseph L Andino | |
| Represented By: | Hendrick Vandamme |
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| Defendant: Autozoners, LLC | |
| Represented By: | Michael David Billok |
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