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Gullo v. Burns

United States District Court, Second Circuit

August 13, 2013

PAUL GULLO Plaintiff,
v.
BERNARDUS C. BURNS, CONTRANS GROUP, INC., CONTRANS FLATBED[1], AND LAIDLAW CARRIERS FLATBED Defendants,

ORDER

MICHAEL A. TELESCA, District Judge.

On July 1, 2013, Defendants filed a notice of removal seeking to remove this pending personal injury action to U.S. District Court from New York State Supreme Court, Monroe County, pursuant to 28 U.S.C. § 1441(b)(1), based upon diversity of citizenship. (Docket No. 1.). In an Order dated July 3, 2013, this Court remanded this case to New York State Supreme Court, Monroe County, having found that Defendants failed to satisfy the amount in controversy requirement of 28 U.S.C. § 1332. (Docket No. 3.) Defendants have filed a second notice of removal which establishes that the amount in controversy is greater than $75, 000. (Docket No. 4.) Accordingly, the Court finds that it now has subject matter jurisdiction over this case, and the Clerk of the Court is directed to reopen this case.

SO ORDERED.


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