The opinion
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
wn ee KX
ASHLEY S. EBANKS, :
Plaintiff, :
: 25-CV-1181 (JMF)
-v- :
: ORDER
ANDRE L. BROWN and PERFECT TIMING :
TRANSPORT LLC, :
Defendants. :
wn ee 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. § 1441(c). See ECF No. 1, at 98. On
February 13, 2025, the Court issued an order noting deficiencies in the Notice of Removal and
ordering Defendants to file an amended notice on or before February 20, 2025. See ECF No. 6.
On February 18, 2025, Defendants filed an Amended Notice of Removal. See ECF No. 8.
Although Defendants’ Amended Notice of Removal cures one deficiency in the original
Notice, it still alleges only the residency, not the citizenship, of Defendants. See ECF No. 8, at
44 6, 7. As stated in the Court’s February 13, 2025 Order, that is not enough. See Leveraged
Leasing Admin. Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44, 47 (2d Cir. 1996) (“[A]
statement of the parties’ residence is insufficient to establish their citizenship”).
The Court will give Defendants one last chance to fix the problems with their Notice.
Accordingly, Defendants are hereby ORDERED to file a Second Amended Notice of Removal
alleging the citizenship of Defendants on or before February 26, 2025. If, by that date,
Defendants are unable to amend their Notice of Removal to truthfully allege complete diversity
of citizenship, then the action will be remanded to the Supreme Court of New York, County of
Bronx, without further notice to either party. Finally, Defendants are directed to, within two
business days of this Order, serve on Plaintiffs a copy of this Order and to file proof of such
service on the docket.
SO ORDERED.
Dated: February 19, 2025
New York, New York ESSE RMAN
nited States District Judge