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SPETER v. BERKELEY COLLEGE

United States District Court, Southern District of New York


April 11, 2003

K. MORRIS SPETER, PLAINTIFF
v.
BERKELEY COLLEGE, DEFENDANT.

The opinion of the court was delivered by: Barbara S. Jones, United States District Judge

OPINION AND ORDER

On or about December 3, 2002, Plaintiff K. Morris Speter, commenced a breach of contract and employment discrimination suit by filing a summons with notice in the Supreme Court of the State of New York, Westchester County, against Defendant Berkeley College. The suit was based upon the termination of Plaintiff's employment at Defendant's Westchester campus. Plaintiff served his complaint upon Defendant on January 28, 2003, and it was received by Defendant on January 30, 2003. On February 20, 2003 Defendant served notice of removal of the case to Federal Court, pursuant to 28 U.S.C. § 1441, on the basis of federal question jurisdiction and diversity jurisdiction. On March 17, 2003, Plaintiff filed an "objection" to the removal of the case to this court, claiming a lack of diversity jurisdiction. The Court deems this a motion for remand to the State Court. For the following reasons, Plaintiff's motion is denied.

Removal of a case from state to federal court is appropriate when the case could have originally been filed in federal court. Franchise Tax Bd. V. Construction Laborers Vacation Trust, 463 U.S. 1, 19 n. 18 (1983); Derrico v. Sheehan Emergency Hospital, 844 F.2d 22, 27 (2d Cir. 1988). Thus, if a complaint contains a basis for jurisdiction in federal court, removal is proper under 28 U.S.C. § 1441. Thompson v. Herman Sporting Goods, Inc., CIV.A NO. 92-8370, 1993 WL 36178 at *1 (S.D.N.Y. Feb.8, 1993).

Plaintiff is a Connecticut citizen, and the Defendant is a New York corporation. Plaintiff demands damages in excess of $75,000. Thus, the requirements of diversity jurisdiction under 28 U.S.C. § 1332 have been satisfied. In addition, Plaintiff has alleged a claim of religious discrimination arising under Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq. Title VII is a federal statute and federal courts have jurisdiction over such claims by virtue of 28 U.S.C. § 1331. Thus, removal is proper pursuant to 28 U.S.C. § 1441. Thompson, 1993 WL 36178 at *1 (S.D.N.Y. Feb. 8, 1993); Sheehan Emergency Hospital, 844 F.2d at 27. Accordingly, Plaintiff's motion for remand is denied.

SO ORDERED

20030411

© 1992-2003 VersusLaw Inc.



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