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In Touch Concepts, Inc. v. Cellco P'ship

United States Court of Appeals, Second Circuit

June 4, 2015

In Touch Concepts, Inc., d/b/a ZCOM, Plaintiff-Appellant,
v.
Cellco Partnership, d/b/a Verizon Wireless, Tom Varghese, Ryan Broomes, Jorge Velez, Anthony Fiocco, Bruno Pavlicek, John/Jane Doe Cellco Partnership d/b/a Verizon Wireless Personnel #1-10, Defendants-Appellees. [*]

Argued April 29, 2015.

After this state-law class action was removed to federal court under the Class Action Fairness Act, the plaintiff amended the complaint to drop all class action allegations. The district court (Castel, J.) maintained subject-matter jurisdiction and dismissed on the merits.

We affirm.

RAVI BATRA (Todd B. Sherman, on the brief), The Law Firm of Ravi Batra, P.C., New York, New York, for Plaintiff-Appellant.

PHILIP R. SELLINGER (Todd L. Schleifstein, on the brief), Greenberg Traurig, LLP, New York, New York, for Defendants-Appellees Cellco Partnership d/b/a Verizon Wireless, Ryan Broomes, Jorge Velez, Anthony Fiocco, and Bruno Pavlicek.

JEREMY D. FREY, Pepper Hamilton LLP, Philadelphia, Pennsylvania, for Defendant-Appellee Tom Varghese.

Before: JACOBS, POOLER, and HALL, Circuit Judges.

OPINION

Page 99

DENNIS JACOBS, Circuit Judge:

Plaintiff In Touch Concepts, Inc. (" Zcom" ), a former Verizon retail sales agent, sued in New York state court on its own behalf and on behalf of a class of persons similarly situated, alleging state-law contract and tort claims against Cellco Partnership (" Verizon" ) and several of its current and former employees. Specifically, Zcom alleges that Verizon's termination of the parties' sales-agent relationship violated state law. After defendants properly removed the case to federal court under the Class Action Fairness Act (" CAFA" ), 28 U.S.C. § 1332(d), Zcom filed

Page 100

an amended complaint that dropped all class-action allegations. Despite the lack of any federal claims, the lack of complete diversity, and the lack of any class allegations, the district court (Castel, J.) maintained subject-matter jurisdiction, and ultimately dismissed on the merits.

We affirm.

BACKGROUND


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