Phillips et al v. Swagaway, LLC et al

DocketORDER: This case is remanded sua sponte to the Supreme Court of the State of New York, County of Kings, under Index No. 525644/2021 for failure to demonstrate that the $75,000 amount-in-controversy requirement of 28 U.S.C. 1332(a) is satisfied. In its notice of removal, Defendant Hoverzon, LLC notes that Plaintiff's Complaint "demand[s] damages in a sum that exceeds all jurisdictional limits of all lower New York State Courts." (Dkt. 1 8.) "That language, however, refers to the lower courts of New York, which may not entertain actions seeking to recover more than $25,000, well below the $75,000 threshold required for federal diversity jurisdiction." Cadmen v. CVS Albany, L.L.C., No. 22-CV-46 (PKC) (SJB), 2022 WL 138056, at *2 (E.D.N.Y. Jan. 14, 2022). Courts have repeatedly found such ad damnum clauses "too vague and ambiguous to enable an intelligent assessment of whether the amount-in-controversy requirement of diversity jurisdiction has been satisfied." Id. Hoverzon also asserts that "[u]pon information and belief the plaintiff is seeking damages in excess of $20,000.00 for each cause of action plus punitive damage, interest, costs and attorney's fees." (Dkt. 1 8.) The Complaint, however, request "a total amount in excess of $20,000," in addition to punitive damages. (Dkt. 1-1, Prayer for Relief.) In addition, Hoverzon's conclusory, boilerplate statements about the amount in controversy come nowhere near alleging facts sufficient for this Court to draw reasonable inferences that the amount-in-controversy requirement has been satisfied. Brown v. NutriBullet, LLC, No. 19-CV-5421 (PKC) (ST), 2019 WL 5287960, at *2 (E.D.N.Y. Oct. 18, 2019). Defendants have a viable means of ascertaining the exact amount in controversy. N.Y. C.P.L.R. 3017(c) allows a defendant to, "at any time request a supplemental demand setting forth the total damages to which the pleader deems himself [or herself] entitled." N.Y. C.P.L.R. 3017(c) Hoverzon "should have availed itself of that procedure before prematurely removing the action to this Court. Cadmen, 2022 WL 138056, at *2 n.2 (emphasis in original).Furthermore, the Court notes that several Defendants are LLCs, and Hoverzon's notice of removal lists only their "principal place[s] of business." (Dkt. 1 3-5.) For purposes of diversity jurisdiction, however, each LLC "takes the citizenship of each of its members." Bayerische Landesbank, New York Branch v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42, 49 (2d Cir. 2012). Thus, Hoverzon was required to demonstrate that every member of each of the Defendant LLCs are diverse from Plaintiff. Hoverzon has failed to do so. Accordingly, Hoverzon has also failed to establish complete diversity of citizenship.For all of the reasons explained above. This case is remanded to the Supreme Court of the State of New York, County of Kings, under Index No. 525644/2021. Ordered by Judge Pamela K. Chen on 2/3/2022. (Stephan, Keegan) (Entered: 02/03/2022)

DocketThis case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Davis, Kimberly) (Entered: 02/03/2022)

Docket(#5) This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 02/03/2022)

Docket(#4) In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: #http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/03/2022)

DocketCase Assigned to Judge Pamela K. Chen and Magistrate Judge Ramon E. Reyes, Jr. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 02/03/2022)

Docket(#3) Civil Cover Sheet.. by Hoverzon, LLC (Sloane, Marc) (Entered: 02/03/2022)

Docket(#2) NOTICE OF REMOVAL by Hoverzon, LLC from New York State Supreme Court Kings County, case number 525644/2021. (Sloane, Marc) (Entered: 02/02/2022)

DocketNotice: Re: Incomplete Civil Cover Sheet. The Clerk's Office cannot assign this case without a completed Civil Cover Sheet. All questions *** INCLUDING the CERTIFICATION OF ARBITRATION ELIGIBILITY*** section on the second page must be answered. Please resubmit corrected Civil Cover Sheet. This event can be found under the event Other Documents - Proposed Summons/Civil Cover Sheet. (Neptune, Pierre) (Entered: 02/02/2022)

DocketNOTICE OF DEFICIENT FILING, litigant notified of deficiency(s) that must be corrected within fourteen (14) days. re #1 Notice of Removal (Notice of Removal is directed to the incorrect court. Header must state "United States District Court Eastern District of New York"). (Neptune, Pierre) (Entered: 02/02/2022)

Docket(#1) NOTICE OF REMOVAL by HOVERZON, LLC from Kings County Supreme court, case number 525644/2021. ( Filing fee $ 402 receipt number BNYEDC-15250679) (Attachments: #1 Removal Action Complaint, #2 Civil Cover Sheet) (Sloane, Marc) (Entered: 02/02/2022)