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Janice Torrey-O'neal v. Cardone Industries Usa

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


July 20, 2011

JANICE TORREY-O'NEAL, PLAINTIFF,
v.
CARDONE INDUSTRIES USA, AMERICAN INTERNATIONAL GROUP, INC., AND FORD MOTOR CO., DEFENDANTS.

The opinion of the court was delivered by: Seybert, District Judge:

ORDER

Plaintiff Janice Torrey-O'Neal ("Plaintiff") sued Cardone Industries, Ford Motor Company ("Ford") and American International Group ("AIG") in New York State Supreme Court, Nassau County for damages arising out of an automobile accident.

Ford removed the case to this Court; pending before the Court is Plaintiff's motion to remand the case back to state court. Plaintiff, a New Yorker, points out that AIG's headquarters is in Manhattan and argues that this case lacks the complete diversity of citizenship required for federal jurisdiction. See 28 U.S.C. § 1332. Ford, the only Defendant to have appeared in this case, does not oppose the motion. (See Docket Entry 5.)

The Court agrees that this case should be returned to state court. A corporation's principal place of business is typically its headquarters, thus AIG should be considered a New York citizen for purposes of the diversity analysis. See Hertz Corp. v. Friend, __ U.S. __, 130 S. Ct. 1181, 1192, 175 L. Ed. 2d 1029 (2010). Inasmuch as both Plaintiff and AIG are New Yorkers, complete diversity is lacking and the action should be remanded.

Based on the foregoing, Plaintiff's motion to remand (Docket Entry 3) is GRANTED and this action shall be remanded to New York State Supreme Court, Nassau County. The Clerk of the Court is directed to mark this matter CLOSED.

SO ORDERED.

Joanna Seybert, U.S.D.J.

20110720

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