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Matter of Application of Johnson v. Cnty. of Suffolk

Pre-Action Disclosure Proceeding Remanded; Federal Diversity Jurisdiction Lacking

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MEMORANDUM AND ORDER

*1Petitioner Gregory Johnson (“Johnson” or “petitioner”) commenced this proceeding via verified petition (the “petition”) in the Supreme Court of the State of New York, County of Suffolk, pursuant to N.Y. C.P.L.R. §§403 and 3102(c), seeking an order for pre-action disclosure from Suffolk County and the Suffolk County Police Department (the “SCPD,” and, together, the “Suffolk County respondents”) and Costco Wholesale Corporation (“Costco,” and, collectively, “respondents”).¹ (Verified Pet. (“Pet.”), ECF No. 1-1 at 2-8.) Petitioner, who was injured in a trip and fall accident at a Costco warehouse, sought discovery of video surveillance and photographs of the scene of his injury, as well as the 911 recordings made following his injury, in order to, in part, identify potential defendants to a future lawsuit. The New York Supreme Court issued an order to show cause on June 21, 2017, instructing respondents to appear before the court on July 6, 2017 to show cause why an order should not be entered pursuant to §3102(c). (Order to Show Cause (“O.S.C.”), ECF No. 13-3 at 2-4.)On July 5, 2017, respondent Costco filed a notice of removal pursuant to 28 U.S.C. §1441, premised on diversity jurisdiction. (Notice of Removal, ECF No. 1.) Petitioner then filed a motion to remand this action to New York Supreme Court (ECF No. 13), and Costco thereafter cross-moved to dismiss the petition (ECF No. 14).Pending before the Court are (1) petitioner’s motion to remand, and (2) respondent Costco’s cross-motion to dismiss the petition. For the reasons that

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