Shemaiah Ford v. Corey Shader

Summary

The United States District Court for the Southern District of New York directs the plaintiff and defendant to file affidavits establishing their respective domiciles for purposes of evaluating diversity jurisdiction. The court explains that residence alone is insufficient to establish domicile and cites Second Circuit and Southern District of New York authority.

Holdings

1. Residence alone is insufficient to establish domicile for jurisdictional purposes; an individual's citizenship is determined by domicile, meaning the person's true fixed home and principal establishment and the place to which the person intends to return.
2. The parties were required to file affidavits setting forth the state in which each was domiciled by December 9, 2025.

Questions Presented

1. Whether allegations of residence, without sufficient factual support establishing domicile, adequately establish the parties' citizenship for purposes of diversity jurisdiction.
2. Whether the parties should be required to submit affidavits identifying their states of domicile.

Disposition

other