Ayantunji v. Hanesbrands Inc. et al
| Mary Ayantunji |
| Kohl's Department Stores, Inc. and Hanesbrands Inc. |
| 1:2019cv07145 |
| July 31, 2019 |
| US District Court for the Southern District of New York |
| J Paul Oetken |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1332 |
| Defendant |
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Filing 6
ORDER. For diversity purposes, "a corporation shall be deemed to be a citizen of every State and foreign state by which it has been incorporated and of the State or foreign state where it has its principal place of business." 28 U.S.C. 1332(c)(1). Thus, in order to invoke this Court's diversity jurisdiction, Defendant Hanesbrands Inc. must allege both where each corporate defendant was incorporated and where it holds its principal place of business. While Hanesbrands Inc. has alleged where both defendants have been incorporated, it has failed to allege in which state each defendant has its principal place of business. Therefore, Defendant shall, on or before August 16, 2019, either (1) show cause as to why its complaint should not be remanded for lack of subject matter jurisdiction, or (2) move to file an amended notice of removal that properly pleads jurisdiction. If Defendant fails to do so, this action may be dismissed. SO ORDERED. (Motions due by 8/16/2019.) (Signed by Judge J. Paul Oetken on 8/5/2019) (rjm)
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| Filing 5 STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) All Parties pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Hanesbrands Inc.. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers)..(Sclar, Alan) |
| Filing 4 NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 27451/2019E..Document filed by Hanesbrands Inc..(Sclar, Alan) |
| Filing 3 FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - NOTICE OF REMOVAL from Supreme Court of the State of New York, County of Bronx. Case Number: 27451/2019E..Document filed by Hanesbrands Inc..(Sclar, Alan) Modified on 8/1/2019 (pc). |
| Case Designated ECF. (pc) |
| Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #http://nysd.uscourts.gov/forms.php. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alan Mark Sclar. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (pc) |
| Civil Case Opening Fee Paid electronically via Pay.gov: for #3 Notice of Removal. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-17345919, paid on 7/31/2019. (pc) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. Please download and review the Individual Practices of the assigned District Judge, located at #http://nysd.uscourts.gov/judges/District. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #http://nysd.uscourts.gov/ecf_filing.php. (pc) |
| ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Alan Mark Sclar to RE-FILE Document No. #3 Notice of Removal. The filing is deficient for the following reason(s): the pleading was not signed;. Re-file the pleading using the event type Notice of Removal found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) |
| Filing 2 STATE COURT RECORDS AND PROCEEDINGS PURSUANT TO LOCAL RULE 81. Document filed by Hanesbrands Inc.. (Attachments: #1 Errata Summons and Complaint, #2 Exhibit Verified Answer)(Sclar, Alan) |
| Filing 1 CIVIL COVER SHEET filed. (Sclar, Alan) |
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