Sheth et al v. JPC Trucking LLC et al
| Pooja Sheth and Nivant Sheth |
| JPC Trucking LLC and Hamyl J. Zolotoff |
| 1:2023cv08249 |
| November 7, 2023 |
| US District Court for the Eastern District of New York |
| Brian M Cogan |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Auto Negligence |
| Plaintiff |
Docket Report
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ORDER REMANDING CASE. Defendants have failed to establish that the amount in controversy exceeds $75,000 and therefore have not invoked this Court's subject matter jurisdiction. See 28 U.S.C. 1332. The complaint does not allege that the amount in controversy exceeds $75,000, and defendants' argument that the plaintiffs have each suffered a "serious injury" under Section 5102 of the Insurance Law of the State of New York is unpersuasive, as that Section does not assign a dollar value to such injuries. See Wright v. JB Hunt Transp. Inc., No. 19-cv-2414, 2019 WL 1936725, at *2 (E.D.N.Y. May 1, 2019). Additionally, the fact that plaintiffs allege in their complaint that the amount in controversy exceeds the jurisdictional amounts of the lower NY state courts is insufficient to establish that the amount in controversy exceeds $75,000. See Ramos v. Golden Touch Transp. of NY, Inc., No. 21-cv-5676, 2022 WL 4551567 (E.D.N.Y. Sept. 29, 2022). The case is therefore remanded to the Supreme Court of the State of New York, Queens County, case number 716087/2023. Ordered by Judge Brian M. Cogan on 11/17/2023. (PW)
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| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE by JPC Trucking LLC, Hamyl J. Zolotoff (Carter, Alexys) |
| Filing 4 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| 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. (AF) |
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ORDER TO SHOW CAUSE. Defendants have failed to properly invoke this Court's subject matter jurisdiction because: (1) they have not identified plaintiffs' citizenship, only their residence, see 147-149 McCarren, LLC v. Holding De Gestion Turistica MIJ Spain S.L., No. 21-CV-950, 2021 WL 878557, at *2 (E.D.N.Y. March 9, 2021); (2) the citizenship of an LLC consists of the citizenship of each of its members, not "owners," and each member must be identified and the citizenship of each pled to establish diversity; see Bayerische Landesbank, N.Y. Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012); 136-61 Roosevelt LLC v. Starbucks Corp., No. 21-cv-3560, 2021 WL 2779287, at *1 (E.D.N.Y. July 2, 2021); (3) Defendants' have given no basis for concluding that there is more than $75,000 in controversy other than that it exceeds jurisdiction of the lower NY state courts and is a personal injury case, which is insufficient. See Ramos v. Golden Touch Transp. of NY, Inc., No. 21-cv-5676, 2022 WL 4551567 (E.D.N.Y. Sept. 29, 2022); see also Moltner v. Starbucks Coffee Co., 624 F.3d 34, 37-38 (2d Cir. 2010). Defendants are therefore ORDERED TO SHOW CAUSE by 11/16/23 why this case should not be remanded to the Supreme Court, Queens County, for lack of subject matter jurisdiction. Ordered by Judge Brian M. Cogan on 11/9/2023. (PW)
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| Case Assigned to Judge Brian M. Cogan. 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. (AF) |
| Filing 3 Civil Cover Sheet.. by JPC Trucking LLC, Hamyl J. Zolotoff (Carter, Alexys) |
| Notice: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (AF) |
| Filing 2 NOTICE OF REMOVAL by JPC Trucking LLC, Hamyl J. Zolotoff from Supreme/Queens, case number 716087/2023. ( Filing fee $ 402 receipt number ANYEDC-17257843) (Attachments: #1 Exhibit A-Summons and Complaint, #2 Exhibit B-Verified Answer) (Carter, Alexys) |
| Filing 1 Civil Cover Sheet.. by JPC Trucking LLC, Hamyl J. Zolotoff (Carter, Alexys) |
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