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Garbers-Adams et al v. Adams et al

MEMORANDUM OF LAW in Support re: 8 MOTION to Remand.. Document

22 Cited authorities

  1. Handelsman v. Bedford Village Assoc

    213 F.3d 48 (2d Cir. 2000)   Cited 992 times
    Holding that citizenship of a limited liability company was determined by the citizenship of its members, citing Cosgrove, 150 F.3d at 731

  2. Lupo v. Human Affairs International, Inc.

    28 F.3d 269 (2d Cir. 1994)   Cited 648 times
    Holding that removal based on diversity jurisdiction is improper “if the jurisdictional amount is not clearly alleged in the plaintiff's complaint, and the defendant's notice of removal fails to allege facts adequate to establish that the amount in controversy exceeds the jurisdictional amount”

  3. Blockbuster, Inc. v. Galeno

    472 F.3d 53 (2d Cir. 2006)   Cited 344 times   4 Legal Analyses
    Holding that "CAFA did not change the traditional rule ... that defendant bears the burden of establishing federal subject matter jurisdiction" after removal

  4. Indianapolis v. Chase National Bank

    314 U.S. 63 (1941)   Cited 763 times
    Holding that it is the "duty . . . of the lower federal courts to look beyond the pleadings, and arrange the parties according to their sides in the dispute"

  5. Vera v. Saks & Co.

    335 F.3d 109 (2d Cir. 2003)   Cited 344 times
    Holding that a claim is preempted by § 301 because the "complaint challenges the legality of a term of the CBA," which "will require substantial analysis of the CBA"

  6. Sherman v. Aj. Pegno Construction Corp.

    528 F. Supp. 2d 320 (S.D.N.Y. 2007)   Cited 69 times
    Holding that it was objectively unreasonable for the removing defendant to knowingly disregard the rule of unanimity

  7. Burr ex Rel. Burr v. Toyota Motor Credit Co.

    478 F. Supp. 2d 432 (S.D.N.Y. 2006)   Cited 70 times
    Finding it insufficient for defendant who has not signed removal petition to merely advise removing defendant that it consents to removal and that removing defendant may represent such consent to court on its behalf. "Failure of any defendant to provide its written consent within the applicable thirty-day period renders the petition for removal untimely."

  8. Citibank v. Swiatkoski

    395 F. Supp. 2d 5 (E.D.N.Y. 2005)   Cited 72 times
    Holding that the court has authority to remand an action sua sponte where it is "unmistakably clear" that it lacks subject-matter jurisdiction

  9. Payne v. Overhead Door Corp.

    172 F. Supp. 2d 475 (S.D.N.Y. 2001)   Cited 51 times
    Holding petitioning defendant's notice of removal asserting that co-defendants had consented did not provide evidence of their consent because they were represented by different counsel

  10. Vasura v. Acands

    84 F. Supp. 2d 531 (S.D.N.Y. 2000)   Cited 52 times
    Granting plaintiff's motion to remand made soon after removal despite defendant's argument that post-removal release of nondiverse defendant based on settlement established jurisdiction

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 114,655 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 51,292 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  14. Section 1447 - Procedure after removal generally

    28 U.S.C. § 1447   Cited 33,983 times   110 Legal Analyses
    Holding that with exceptions not relevant here, "[a]n order remanding a case to the State court from which it was removed is not reviewable on appeal or otherwise"

  15. Section 1446 - Procedure for removal of civil actions

    28 U.S.C. § 1446   Cited 22,503 times   141 Legal Analyses
    Granting a defendant 30 days to remove after receipt of the first pleading that sets forth a removable claim

  16. Section 3001 - Declaratory judgment

    N.Y. CPLR 3001   Cited 1,826 times
    Considering declaratory judgment actions