United States District Court, Southern District of New York
July 8, 2003
ZEKE JOHNSON, ET ANO., PLAINTIFFS,
PROGRESSIVE INSURANCE COMPANY, DEFENDANT.
The opinion of the court was delivered by: Lewis Kaplan, District Judge
This action was removed from Supreme Court, Bronx County, on the basis of diversity. The notice of removal, however, fails to allege the citizenship, as opposed to residence, See Sun Printing & Publishing Ass'n v. Edwards, 194 U.S. 377 (1904); Leveraged Leasing Administration Corp. v. PacifiCorp Capital, Inc., 87 F.3d 44 (2d Cir. 1996); Depradine v. Nissan Infiniti LT, No. 00 Civ. 6686 (LAK), 2000 WL 1280971, *1 (S.D.N.Y. Sept. 11, 2000). Absent the filing, on or before July 18, 2003, of an amended notice of removal adequately alleging diversity of citizenship, the action will be remanded.
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