Opinion
21 Civ. 7200 (NRB)
09-30-2021
ORLANDO ALVARADO, Plaintiff, v. SAMSUNG ELECTRONICS AMERICA, INC., SAMSUNG SDI AMERICA, INC., and ECIG WAREHOUSE, INC. d/b/a CLOUD 99 VAPES Defendants.
ORDER
NAOMI REICE BUCHWALD, UNITED STATES DISTRICT JUDGE
WHEREAS on July 14, 2021, plaintiff filed his complaint in the Supreme Court of the State of New York for New York County; and
WHEREAS on August 26, 2021, defendant Samsung SDI America, Inc. (“SDIA”) removed the action to this Court solely on the basis of diversity jurisdiction, stating that there was diversity between SDIA, a California entity, and New York-based plaintiff, and that no non-diverse defendant had been joined and served; and
WHEREAS unbeknownst to SDIA and plaintiff, the other two defendants in this case, both of which are New York entities, had in fact been served prior to the filing of the notice of removal, although proof of service was not filed until September 13, 2021; and
WHEREAS the parties now acknowledge that complete diversity of citizenship is lacking and there is no other basis for federal jurisdiction; it is hereby ORDERED that this case be remanded to the court from which it was removed, the Supreme Court of the State of New York for New York County.