Richardson v. Citrola et al
| Jeffrey Richardson |
| JB Hunt Transport, Inc., Matthew Citrola and JB Hunt Transport Services, Inc |
| 1:2024cv00535 |
| June 4, 2024 |
| U.S. District Court for the Western District of New York |
| Lawrence J Vilardo |
| Motor Vehicle |
| 28 U.S.C. § 1332 Diversity-Tort/Motor Vehicle (P.I.) |
| None |
Docket Report
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| Filing 9 Letter filed by Jeffrey Richardson . (Zaccagnino, Blake) |
Filing 8
ORDER TO SHOW CAUSE: On April 12, 2024, the plaintiff, Jeffrey Richardson, sued the defendants, Matthew Citrola and JB Hunt Transport, Inc. ("JB Hunt"), in New York State Supreme Court, Erie County, for personal injuries that Richardson sustained in a May 2023 car accident. Docket Item 1-1 (complaint). On June 4, 2024, the defendants removed the case to this Court, asserting that this Court has diversity jurisdiction over the action under 28 U.S.C. 1332(a) and that the case therefore was removable under 28 U.S.C. 1441(a)-(b). Docket Item 1 at ¶¶ 9-10. Richardson did not move to remand the case to New York State Supreme Court, and the time to do so now has expired. See 28 U.S.C. 1447 ("A motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a).").But even though the plaintiff has not moved to remand, this Court has an "independent obligation" to confirm that it has subject matter jurisdiction. See Henderson ex rel. Henderson v. Shinseki, 562 U.S. 428, 434 (2011) ("[F]ederal courts have an independent obligation to ensure that they do not exceed the scope of their jurisdiction, and therefore they must raise and decide jurisdictional questions that the parties either overlook or elect not to press."). Thus, the Court must determine whether it has jurisdiction based on diversity of citizenship. Section 1332 provides that "[t]he district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between... citizens of different [s]tates." 28 U.S.C. 1332(a). The second of those two requirements appears to be met here: The defendants note in their notice of removal that Richardson is a citizen of New York, while Citrola is a citizen of Pennsylvania, and JB Hunt is a citizen of both Georgia, "where it is incorporated," and Arkansas, "where it has its principal place of business." See Docket Item 1 at ¶¶ 10-11; see also 28 U.S.C. 1332(c)(1) (providing that "a corporation shall be deemed to be a citizen of every [s]tate and foreign state by which it has been incorporated and of the [s]tate or foreign state where it has its principal place of business"). What is less clear is whether the first requirementamount in controversyis met here. See 28 U.S.C. 1332(a). The defendants say that this requirement is satisfied because Richardson's complaint seeks damages in an amount "exceed[ing] the monetary jurisdictional limits of all lower New York State Courts." Docket Item 1 at ¶ 12 (citing Docket Item 1-1 at 21). But "[c]ourts within this circuit consistently have held that... this type of allegation"that is, a complaint's bare-bones statement that the amount in controversy exceeds the jurisdictional limits of all lower state courts"fails to satisfy the jurisdictional threshold under 28 U.S.C. 1332(a)." Casco v. Delta Air Lines, Inc., 2023 WL 2954987, at *3 (E.D.N.Y. Apr. 14, 2023) (explaining that such statements refer to the jurisdictional limits of "the lower civil courts of New York, which may not entertain actions seeking to recover more than $25,000"). Richardson seeks damages for the "serious personal injuries" that he says were caused by the defendants, and such damages may well amount to more than $75,000. Docket Item 1-1 at ¶ 41. But in the absence of anything specifying the amount sought here, this Court "is left to guess at the amount in controversy." See Casco, 2023 WL 254987, at *3; see also Minaudo v. Sunrise at Sheepshead Bay, 2023 WL 110359, at *3 (E.D.N.Y. Jan. 5, 2023) (noting that "[c]ourts in this district have rejected... generalized, boilerplate allegations as a basis for asserting the amount in controversy" and holding that fact that complaint sought damages for "serious personal injuries and ultimately the loss of a life" was "insufficient," standing alone, to show that amount in controversy requirement was met (citations and internal quotation marks omitted)).Because, based on the current record, the Court is unable to determine whether the amount in controversy requirement is met hereand thus whether it has subject matter jurisdictionthe parties are hereby ordered to show cause by August 9, 2024, why this case should not be remanded for lack of subject matter jurisdiction. The parties may do so by showing that the plaintiff is seeking damages in excess of $75,000. If the parties fail to do so, the case will be remanded to New York State Supreme Court, Erie County.SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 7/26/2024. (CRT)
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| Filing 7 NOTICE of Appearance by Ryan Emerson Dempsey on behalf of Matthew Citrola, JB Hunt Transport, Inc. (Dempsey, Ryan) |
| ATTENTION ALL PARTIES OR INTERVENORS: Pursuant to Fed. R. Civ. P. 7.1 and/or General Order No. 157 In the Matter of Disclosure of Members, Shareholders, Partners, and Leaders of Business Organization Parties, all Disclosure Statements are to be filed with first appearance, pleading, petition, motion, response, or other request addressed to the court. (KM) |
| AUTOMATIC REFERRAL TO MEDIATION Pursuant to Section 2.1(A) of the Plan for Alternative Dispute Resolution in the United States District Court for the Western District of New York (the ADR Plan), this case is automatically referred to ADR. To access the ADR Plan and for inquiries regarding the Court's ADR Program please review the Court's #ADR webpage and/or contact the Court's ADR Administrator at #adrprogram@nywd.uscourts.gov. Prior to the Local Rule 16 scheduling conference, counsel and unrepresented parties shall review the #ADR Plan and confer with each other regarding ADR for this case. Unless the parties agree to a different intervention, it is presumed they will participate in mediation. The parties shall be prepared to report on the outcome of their ADR discussion at the scheduling conference, as the initial Scheduling Order for this case will establish ADR deadlines in accordance with the ADR Plan.(SG) |
| Case assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (SG) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (SG) |
| Filing 6 CONTINUATION OF EXHIBITS by Matthew Citrola, J.B. Hunt Transport, Inc.. to #2 Corporate Disclosure Statement Affidavit of Service filed by Matthew Citrola, J.B. Hunt Transport, Inc.. (Rodman, Sarah) |
| Filing 5 CONTINUATION OF EXHIBITS by Matthew Citrola, J.B. Hunt Transport, Inc.. to #1 Notice of Removal, Affidavit of Service filed by Matthew Citrola, J.B. Hunt Transport, Inc.. (Rodman, Sarah) |
| Filing 4 CONTINUATION OF EXHIBITS by Matthew Citrola, J.B. Hunt Transport, Inc.. to #1 Notice of Removal, Index Identifying State Court Pursuant to Local Rule 81(A) filed by Matthew Citrola, J.B. Hunt Transport, Inc.. (Rodman, Sarah) |
| Filing 3 CONTINUATION OF EXHIBITS by Matthew Citrola, J.B. Hunt Transport, Inc.. to #1 Notice of Removal, filed by Matthew Citrola, J.B. Hunt Transport, Inc.. (Rodman, Sarah) |
| E-Filing Notification: re #1 NOTICE OF REMOVAL - Action Required: Attorney is directed to file an index identifying State Court documents pursuant to local rule 81(A). (TMK) |
| Filing 2 Corporate Disclosure Statement by J.B. Hunt Transport, Inc.. (Rodman, Sarah) |
| Filing 1 NOTICE OF REMOVAL by J.B. Hunt Transport, Inc., Matthew Citrola from 805262/2024, case number Erie County Supreme Court. (Filing fee $ 405 receipt number ANYWDC-5198544), filed by J.B. Hunt Transport, Inc., Matthew Citrola. (Attachments: #1 Exhibit A - State Court Summons and Complaint)(Rodman, Sarah) |
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