Stone v. Rivera
7:24-cv-03411
S.D.N.Y.May 9, 2024Background:
- The case involves a personal injury claim by Catherine Stone against Christopher Matthew Rivera and Mondelez Global, LLC, following a motor vehicle accident allegedly caused by Rivera’s negligence.
- Defendants removed the case from New York State Supreme Court (Westchester County) to federal court, citing diversity jurisdiction.
- Defendants argued that the amount in controversy exceeds $75,000 based on a purported settlement demand from the plaintiff.
- Plaintiff’s complaint did not specify a monetary amount, as per New York procedural rules for personal injury actions.
- No documentary evidence of the alleged demand to substantiate exceeding the $75,000 threshold was provided by defendants.
- The federal court assessed whether removal was proper given the lack of evidence supporting the requisite amount in controversy.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether federal jurisdiction exists due to amount in controversy exceeding $75,000 | No specific position stated; no sum demanded in complaint | Claimed plaintiff’s demand exceeds $75,000 based on a settlement packet | Defendants failed to prove amount exceeds $75,000; removal improper |
Key Cases Cited
- Lupo v. Human Affairs Int’l, Inc., 28 F.3d 269 (2d Cir. 1994) (removing party bears burden to establish federal jurisdictional amount; conclusory allegations insufficient)
- Mehlenbacher v. Akzo Nobel Salt, Inc., 216 F.3d 291 (2d Cir. 2000) (removing party must show reasonable probability that claim exceeds jurisdictional amount)
- Somlyo v. J. Lu-Rob Enters., Inc., 932 F.2d 1043 (2d Cir. 1991) (removal statutes construed narrowly; doubts resolved against removal)