T & T Salvage Asia PTE LTD v. CoHold B.V. and Mariflex Group B.V., et al.

Summary

The court recommends granting Plaintiff’s motion to remand because Defendants failed to establish complete diversity of citizenship. The memorandum and recommendation concludes that T & T Salvage Asia Pte. Ltd. is a foreign citizen and that diversity jurisdiction is unavailable where foreign entities appear on both sides of the litigation. The court therefore does not reach Defendants’ motion to dismiss.

Holdings

1. The court may address the motion to remand before the motion to dismiss because the remand issue was the less burdensome threshold issue and Defendants did not show that deciding personal jurisdiction first was warranted.
2. Defendants failed to establish complete diversity, and the action should be remanded for lack of subject-matter jurisdiction.

Questions Presented

1. Whether the federal court had diversity subject-matter jurisdiction over an action involving a Singapore private company and defendants organized in the Netherlands.
2. Whether Defendants established complete diversity at the time of removal.
3. Whether the court should decide the motion to remand before the motion to dismiss for lack of personal jurisdiction.

Disposition

other