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Volpetti v. Unilever

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 15, 2007

JOANNE VOLPETTI, PLAINTIFF,
v.
UNILEVER, INC., UNILEVER, INC. D/B/A Q-TIPS COTTON SWABS, CHESEBROUGH-PONDS USA CO., INC., CHESEBROUGH-PONDS USA CO., INC. D/B/A Q-TIPS COTTON SWABS, SHOPRITE SUPERMARKETS, INC., DEFENDANTS.

The opinion of the court was delivered by: VITALIANO, D.J.

ORDER

On February 13, 2007, plaintiff filed a "verified complaint" sounding in negligence. It contains no jurisdictional statement and fails to otherwise allege or support a basis of federal jurisdiction. The attached civil cover sheet states that federal jurisdiction is based on diversity. 28 U.S.C. § 1332. According to the complaint, however, one or more corporate defendants, like plaintiff, is a citizen of New York. That there is not complete diversity between plaintiff and defendants is established by plaintiff's own allegations. Given that no proper basis of federal jurisdiction is, or can be, pled, the complaint is hereby dismissed sua sponte without prejudice to refiling in an appropriate forum.*fn1

SO ORDERED.

ERIC N. VITALIANO United States District Judge


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