Sky Global LLC v. Noble

Suit Remanded; Removal Notice Lacked Allegations Supporting Federal Jurisdiction

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DECISION AND ORDERINTRODUCTION Plaintiff Sky Global LLC (“Plaintiff”) commenced this action in New York State Supreme Court, Erie County, by filing a Summons and Complaint, both dated April 19, 2018, alleging that defendants William Noble (“Noble”) and William Noble Rare Jewels LP (“Rare Jewels”) (collectively, “Defendants”) breached a contract to purchase goods and merchandise from Plaintiff. (Dkt. 1-2; Dkt. 1-3). Defendants removed the action to federal court on June 1, 2018. (See Dkt. 1). However, Defendants failed to set forth “a short and plain statement of the grounds for removal” within their notice of removal. 28 U.S.C. §1446(a); (see Dkt. 1-7). Indeed, Defendants’ notice of removal is absent any allegations supporting federal jurisdiction.On June 8, 2018, Defendants moved to dismiss the action for lack of personal jurisdiction. (Dkt. 3). Plaintiff opposed the motion. (Dkt. 7; Dkt. 8). This case was transferred to the undersigned on July 16, 2018. (Dkt. 9). Although a motion hearing is currently scheduled for January 11, 2019, at 10:00 a.m. at the United States Courthouse in Rochester, New York (Dkt. 10), upon further consideration of the parties’ filings, the Court concludes that the matter must be remanded to New York State Supreme Court, Erie County, for lack of federal subject matter jurisdiction.BACKGROUNDThe following facts are taken from Plaintiff’s Complaint (Dkt. 1-3), Noble’s declaration (Dkt. 4-1), and the declaration of Ryan Rich (“Rich”), Plaintiff’s owner (Dkt. 7). Plaintiff is a foreign limited liability company that is authorized to do business in New York State, and which maintains a principal place of business in Erie County, New York. (Dkt. 1-3 at 1). Noble is a resident of the State of Texas who transacts business in New York State. (See id. at

2-3). Rare Jewels is a limited partnership, which maintains its principal place of business in Texas, and transacts business in New York State as well. (See id. at

Sky Global LLC v. Noble

Suit Remanded; Removal Notice Lacked Allegations Supporting Federal Jurisdiction

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