# Ebanks v. Brown

> District Court, S.D. New York · February 13, 2025

URL: https://www.frixlaw.com/law-library/cases/10800017

## Case

- **Court:** District Court, S.D. New York
- **Decided:** February 13, 2025
- **Opinion:** 100trialcourt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10800017

## Opinion text

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
wee KX
ASHLEY S. EBANKS, :
Plaintiff, :
: 25-CV-1181 (JMF)
-v- :
: ORDER
ANDRE L. BROWN and PERFECT TIMING :
TRANSPORT LLC, :
Defendants. :
wee KX
JESSE M. FURMAN, United States District Judge:
On February 10, 2025, Defendants filed a Notice of Removal in which they invoked the
Court’s subject-matter jurisdiction pursuant to 28 U.S.C. § 1332. See ECF No. 1,98. Although
Defendants state that there is “complete diversity of citizenship,” they merely allege some of the
parties’ states of residence, not their states of citizenship. Jd. 9 6-7. This is not enough. See,
e.g., Davis v. Cannick, No. 14-CV-7571 (SJF) (SIL), 2015 WL 1954491, at *2 (E.D.N.Y. Apr.
29, 2015) (“[A] conclusory allegation in the Complaint regarding diversity of citizenship does
not extinguish the Court’s responsibility to determine, on its own review of the pleadings,
whether subject matter jurisdiction exists.” (internal quotation marks omitted)). For the purpose
of diversity jurisdiction, “‘a statement of the parties’ residence is insufficient to establish their
citizenship.” Leveraged Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d
Cir. 1996); see also, e.g., Linardos v. Fortuna, 157 F.3d 945, 948 (2d Cir. 1998) (“For purposes
of diversity jurisdiction, a party’s citizenship depends on his domicile.”); Canedy v. Liberty Mut.
Ins. Co., 126 F.3d 100, 103 (2d Cir. 1997) (“[A]llegations of residency alone cannot establish
citizenship... .”).
Accordingly, no later than February 20, 2025, Defendants shall file an amended notice
of removal properly alleging the citizenship of each party to this action. If, by that date,
Defendants do not file an amended notice of removal establishing this Court’s subject-matter
Jurisdiction, the Court will remand the case without prejudice and without further notice to any
party.

SO ORDERED.
Dated: February 13, 2025
New York, New York JESS “FURMAN
nited States District Judge

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10800017. Public record. Not legal advice.