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Ortiz v. Dot Foods Inc.

Change of Domicile to New York Defeats Diversity, Subject-Matter Jurisdiction

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OPINION & ORDER Plaintiffs filed this action relating to a highway collision in the Supreme Court of Bronx County, New York. Defendants removed the case to federal court based on diversity jurisdiction. Plaintiffs now move to remand the case back to state court, arguing that Defendant Benjamin Santiago Roldan became a citizen of New York just after the crash, and therefore was a citizen of New York at the time the case was filed and removed to federal court. Plaintiff also requests leave to file a post-remand motion for sanctions. Because I find that Defendant Roldan changed his domicile to New York just after the crash, and therefore was a citizen of New York at the time the case was filed and removed to federal court, Plaintiffs’ motion to remand is GRANTED. Plaintiffs’ request for leave to file a post-remand motion for sanctions is also GRANTED. I. Background On July 8, 2024, Plaintiffs Juan P. Ortiz and Emmy Zapata Vallego filed this action in the Bronx County Supreme Court against Defendants Dot Foods Inc., Gabriel Jameer Tate, and Benjamin Santiago Roldan. (Doc. 6-1.) The complaint alleged that on August 3, 2023 (1) Plaintiffs were passengers in Defendant Roldan’s vehicle, (2) Defendant Tate was operating a commercial vehicle on behalf of Defendant Dot Foods, and (3) Roldan’s vehicle and the commercial vehicle operated by Defendant Tate on behalf of Dot Foods crashed into each other while driving on a highway in Westchester County. (Id.

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