United States District Court, W.D. New York
June 28, 2005.
MELVIN BROWN, Plaintiff,
VALEO ELECTRICAL SYSTEMS, INC., Defendant.
The opinion of the court was delivered by: DAVID LARIMER, Chief Judge, District
On May 31, 2005, the Court issued an Order to Show Cause (Dkt.
#4) directing that the parties submit evidence in admissible form
concerning defendant Vaelo's principal place of business.
Valeo responded by filing the affidavit of its Executive Vice
President, Walter Kneuer (Dkt. #6). The affidavit sets forth
sufficient evidence that Valeo's principal place of business lies
in Michigan, not New York.
Plaintiff did not respond to the Court's Order and did not
offer any proof to support the allegation in his complaint that
Valeo's principal place of business is New York. Nor has
plaintiff filed a motion to remand the case back to state court. The Court finds, therefore, that there is diversity of citizenship between
plaintiff, a New York resident, and defendant Valeo, a corporate resident of
Michigan and Delaware. Accordingly, the case was properly removed from New
York State Court.
IT IS SO ORDERED.
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