Marc J. Bern & Partners, LLP v. U.S. Legal Support Inc. et al
| Marc J. Bern & Partners, LLP |
| U.S. Legal Support Inc. and Paul Lucido |
| 1:2017cv06771 |
| September 6, 2017 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Edgardo Ramos |
| Other Contract |
| 28 U.S.C. ยง 1441 |
| Plaintiff |
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Filing
23
OPINION AND ORDER re: 14 CROSS MOTION to Remand to State Court filed by Marc J. Bern & Partners, LLP, 9 MOTION to Dismiss filed by U.S. Legal Support Inc., Paul Lucido. "[W]hile defendants may ultimate ly prevail in state court, the Court cannot say that there is no possibility that [Plaintiff] will prevail and '[a]ny possibility of recovery, however slim, weighs against a finding of fraudulent joinder and in favor of remand.'" R uiz v. Forest City Enters., Inc., No. 09 Civ. 4699 (RJD) (MDG), 2010 WL 3322505, at *3 (E.D.N.Y. Aug. 20, 2010) (third alteration in original) (quoting DNJ Logistic Grp., Inc. v. DHL Express (USA), Inc., 727 F. Supp. 2d 160, 171 (E.D.N.Y. 2010 )). Because there is a possibility of recovery against Lucido for both fraud and negligent misrepresentation, his citizenship cannot be disregarded for purposes of diversity jurisdiction. Because Lucido and Plaintiff are both citizens of New Yo rk, diversity jurisdiction is lacking. Accordingly, Plaintiff's cross-motion to remand the case to state court is GRANTED, and Defendants' motion to dismiss is DENIED as moot. The Clerk of the Court is respectfully directed to terminate the motions, Docs. 9, 14, and remand the case to the Supreme Court of the State of New York, County of New York. (Signed by Judge Edgardo Ramos on 6/11/2018) (mro)
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