Nancy Marleni Daun v. Bob's Discount Furniture, LLC

Summary

The Eastern District of New York issued an order to show cause concerning Defendant Bob’s Discount Furniture, LLC’s removal of a New York personal-injury negligence action. The court found that the removal papers did not adequately establish that the amount in controversy exceeded $75,000 or that the plaintiff was domiciled outside the defendant’s states of citizenship, and directed Defendant to show cause why the action should not be remanded.

Holdings

1. Defendant failed to demonstrate a reasonable probability that the amount in controversy exceeds $75,000 because the asserted $2,200,000 figure was unsupported by factual allegations or documentation.
2. Defendant failed to establish complete diversity because allegations that Plaintiff was a resident of New York, without allegations establishing domicile, were insufficient.
3. A federal district court has an independent obligation to determine whether subject matter jurisdiction exists and may raise a jurisdictional defect sua sponte at any time.

Questions Presented

1. Whether Defendant established that the amount in controversy exceeds $75,000 for diversity jurisdiction under 28 U.S.C. § 1332(a).
2. Whether Defendant established complete diversity by adequately alleging Plaintiff Nancy Marleni Daun's state citizenship or domicile.
3. Whether the district court should remand the action for lack of subject matter jurisdiction.

Disposition

other