Villafana v. So et al
| Juan A. Villafana |
| Paul So and URS Midwest Inc. |
| 1:2013cv00180 |
| January 8, 2013 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| New York |
| Katherine B. Forrest |
| Motor Vehicle |
| 28 U.S.C. ยง 1332 Diversity-Motor Vehicle Product Liability |
| Plaintiff |
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Filing
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MEMORANDUM AND ORDER: This negligence action was commenced in the New York State Supreme Court, New York County; thereafter, it was removed to this court by the defendants, pursuant to 28 U.S.C. 1441. In their notice of removal, the defendants mainta in that the action is removable based on diversity of citizenship conferred by 28 U.S.C.A. Section 1332. According to the defendants, complete diversity exists among the parties because [t]he plaintiff is a citizen and resident of the State of New Yo rk... Defendant Paul SO is a citizen and resident of the State of Maryland... Defendant URS Midwest Inc. is a corporation[,] which is incorporated in Delaware[,] with a principal place of business in Michigan. In addition, the defendants contend that , [a]ccording to the Verified Complaint, plaintiffs alleged injuries are serious in nature and exceed the jurisdictional limits of all lower New York State courts. Upon information and belief, the amount in controversy in this action exceeds the 6;75,000 required for Federal District Court Jurisdiction. The plaintiffs verified complaint does not identify the amount in controversy. Based on the record before it, and mindful that "federal courts construe the removal statute narrowly, res olving any doubts against removability[,]" Lupo, 28 F.3d at 274, the Court finds that the defendants have not satisfied their burden of establishing that the amount in controversy exceeds $75,000; therefore, this matter was removed improperly from state court. Accordingly, this action is remanded to the state court from which it was removed, the New York State Supreme Court, New York County. SO ORDERED. (Signed by Magistrate Judge Kevin Nathaniel Fox on 5/29/2013) (rsh)
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