Hyman et al v. J.P. Morgan Chase Bank et al
| Courtney Hyman and JP Trucking LLC |
| J.P. Morgan Chase Bank and Wells Fargo Bank N.A. |
| 2:2022cv05807 |
| September 29, 2022 |
| US District Court for the Eastern District of New York |
| Gary R Brown |
| James M Wicks |
| Personal Property: Other |
| 28 U.S.C. ยง 1332 Diversity-Notice of Removal |
| None |
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Order of Remand to State Court. Defendants have removed this action from the Supreme Court of the State of New York, County of Nassau, Index No. 611423/22 on the basis of diversity jurisdiction. "In order to invoke diversity jurisdiction under 28 U.S.C. 1332, a plaintiff must demonstrate to a 'reasonable probability that the claim is in excess of the statutory jurisdictional amount' of $75,000." Hicks v. Leslie Feely Fine Art, LLC, 2021 WL 982298, at *4 (S.D.N.Y. Mar. 16, 2021). "Where, as here, jurisdiction is asserted by a defendant in a removal petition, it follows that the defendant has the burden of establishing that removal is proper." United Food & Com. Workers Union, Loc. 919, AFL-CIO v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994) (defendant failed to meet burden of showing the amount in controversy was satisfied). In this action, plaintiff baldly asserts without further explanation that two fraudulent wire transfers adding up to $50,000 caused plaintiff to be "damaged in the amount of $300,000.00." DE 1-2 at Paras. 20, 25. Plainly, examination of the complaint reveals that in this case, purportedly removed based upon diversity jurisdiction, defendants have failed to meet their burden of demonstrating to a reasonable probability that the claim is in excess of the statutory jurisdictional minimum of $75,000. As such, this matter is hereby remanded to the NY State Supreme Court under 28 U.S.C. Sec. 1447(c). The Clerk shall close the case. Ordered by Judge Gary R. Brown on 9/30/2022. c/ecf (Tahbaz, Joseph)
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| Filing 4 MOTION for pre motion conference by Wells Fargo Bank N.A.. (Kerner, Justin) |
| 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. (Jakubowski, Laura) |
| Filing 2 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Jakubowski, Laura) |
| Filing 1 NOTICE OF REMOVAL by Wells Fargo Bank N.A. from Supreme Court of State of NY County of Nassau, case number Index No. 611423/2022. ( Filing fee $ 402 receipt number ANYEDC-15986390) Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Exhibit A to Notice of Removal, #3 Exhibit B to Notice of Removal, #4 C to Notice of Removal) (Kerner, Justin) Modified on 9/29/2022 (Jakubowski, Laura). |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge James M. Wicks. 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. (Jakubowski, Laura) |
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