GGC International Limited v. Ver
| GGC International Limited |
| Roger Ver |
| 1:2023cv01560 |
| February 24, 2023 |
| US District Court for the Southern District of New York |
| Gregory H Woods |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity Action |
| None |
Docket Report
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This docket was last retrieved on March 8, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the State Court - Supreme Court of the State of New York, County of New York. Sent certified copy of docket entries and remand order. Mailed via UPS Tracking Number 1ZE22E533710076598 on 3/8/2023..(kv) |
Filing 7
REMAND ORDER: The Court does not have subject matter jurisdiction over this action. "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 & Commercial Workers Union, Local 919, AFL-CIO v. CenterMark Properties Meriden Square, Inc., 30 F.3d 298, 301 (2d Cir. 1994). To establish jurisdiction under 28 U.S.C. 1332, there must be complete diversity of citizenship, such that "each defendant is a citizen of a different State from each plaintiff." Owen Equip. & Erection Co. v. Kroger, 437 U.S. 365, 373 (1978). Because, according to the Response, Plaintiff was incorporated in the British Virgin Islands, it is an alien. And Defendant is an alien. It is well established that "diversity is lacking... where the only parties are foreign entities, or where on one side there are citizens and aliens and on the opposite side there are only aliens." Universal Licensing Corp. v. Paola del Lungo S.p.A., 293 F.3d 579, 581 (2d Cir. 2002). Therefore, the Court lacks diversity jurisdiction over this action and remands it to the Supreme Court of the State of New York, County of New York. The Clerk of Court is directed to remand this case to Supreme Court of the State of New York, County of New York without delay. SO ORDERED. (Signed by Judge Gregory H. Woods on 3/7/2023) (kv) Modified on 3/7/2023 (kv).
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| Transmission to Docket Assistant Clerk. Transmitted re: #7 Order, to the Docket Assistant Clerk for case processing..(kv) |
| Filing 6 AFFIRMATION of Michael D. Handelsman in Support of Response to Order to Show Cause re: #5 Response to Order to Show Cause . Document filed by Roger Ver. (Attachments: #1 Exhibit A- Master Confirmation, #2 Exhibit B- Restated Master Confirmation).(Handelsman, Michael) |
| Filing 5 RESPONSE TO ORDER TO SHOW CAUSE re: #3 Order to Show Cause. Document filed by Roger Ver..(Kelman, Daniel) |
| Filing 4 NOTICE OF APPEARANCE by Michael David Handelsman on behalf of Roger Ver..(Handelsman, Michael) |
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Filing 3
ORDER TO SHOW CAUSE: Accordingly, Defendant is hereby ORDERED TO SHOW CAUSE by March 6, 2023 as to why this action should not be dismissed for lack of subject matter jurisdiction. (Signed by Judge Gregory H. Woods on 3/1/2023) (rro)
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| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. 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 #https://nysd.uscourts.gov/rules/ecf-related-instructions..(pc) |
| Magistrate Judge Valerie Figueredo 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: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (pc) |
| Case Designated ECF. (pc) |
| ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Daniel Kelman. The following case opening statistical information was erroneously selected/entered: County code New York; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State; the Fee Status code has been modified to pd (paid);. (pc) |
| Filing 2 CIVIL COVER SHEET filed..(Kelman, Daniel) |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, County of New York. Case Number: 650439/2023. (Filing Fee $ 402.00, Receipt Number ANYSDC-27386376).Document filed by Roger Ver. (Attachments: #1 Exhibit A- Summons with notice, #2 Exhibit B- Affirmation of Service).(Kelman, Daniel) |
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| Plaintiff: GGC International Limited | |
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| Defendant: Roger Ver | |
| Represented By: | Daniel Kelman |
| Represented By: | Michael David Handelsman |
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