2:23-cv-06593
E.D.N.YAug 7, 2025Background
- Joseph Alongis filed a putative class action against Arby’s Restaurant Group, Inc. in the Eastern District of New York.
- Alongis alleges claims under the Class Action Fairness Act (CAFA), seeking federal subject matter jurisdiction.
- The Court reviewed the Amended Complaint to determine if it properly alleges facts establishing federal jurisdiction under CAFA.
- The Court noted that jurisdictional allegations were made largely “upon information and belief” rather than based on specific factual assertions.
- The allegations concerning the defendant’s citizenship, the size of the class, and the amount in controversy were deemed insufficiently specific or unsupported.
- The Court ordered Alongis to submit a sworn affidavit by August 21, 2025, showing why the case should not be dismissed for lack of subject matter jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Adequacy of CAFA Allegations | Alleges class, amount, and diversity | Not presented or required yet | Allegations are insufficient; more facts needed |
| Citizenship of Parties for Jurisdiction | Alongis alleged NY citizenship/residency | Not presented or required yet | Allegations based on residence alone insufficient |
| Sufficiency of Allegations “Upon Information...” | Factual elements asserted on "info/belief" | Not presented or required yet | Such conclusory allegations are insufficient for CAFA |
| Court’s Subject Matter Jurisdiction | Jurisdiction should exist under CAFA | Not presented or required yet | Plaintiff must show proper facts or action will be dismissed |
Key Cases Cited
- Joseph v. Leavitt, 465 F.3d 87 (2d Cir. 2006) (federal courts have an independent obligation to examine subject matter jurisdiction at all times)
- Lyndonville Sav. Bank & Tr. Co. v. Lussier, 211 F.3d 697 (2d Cir. 2000) (subject matter jurisdiction is not waivable and may be raised sua sponte)
- Platinum-Montaur Life Scis., LLC v. Navidea Biopharms., Inc., 943 F.3d 613 (2d Cir. 2019) (the party invoking federal jurisdiction bears the burden of establishing jurisdiction)
- Blockbuster, Inc. v. Galeno, 472 F.3d 53 (2d Cir. 2006) (outlines the three requirements for CAFA jurisdiction)
- Van Buskirk v. United Grp. of Cos., Inc., 935 F.3d 49 (2d Cir. 2019) (domicile is determined by more than residence alone)
- Bayerische Landesbank v. Aladdin Cap. Mgmt. LLC, 692 F.3d 42 (2d Cir. 2012) (corporation’s citizenship for diversity purposes defined by state of incorporation and principal place of business)