Automated Summary
Key Facts
In this diversity jurisdiction case, Plaintiff Shemiah Ford alleges she resides in New York, while Defendant Corey Shader's attorney asserts he is a domiciliary of Florida without providing supporting affidavit. The court orders both parties to file affidavits by December 9, 2025 establishing their respective states of domicile, as residence alone is insufficient to establish domicile for jurisdictional purposes.
Issues
The court must determine the domicile of both parties to establish diversity jurisdiction. Plaintiff resides in New York, while Defendant claims domicile in Florida. Court orders both parties to file affidavits by December 9, 2025 setting forth their domicile.
Legal Principles
For diversity jurisdiction purposes, residence alone is insufficient to establish domicile. An individual's citizenship is determined by domicile, which is the place where a person has their true fixed home and principal establishment, with the intention of returning whenever absent.
Precedent Name
- Avant Cap. Partners, LLC v. W108 Dev. LLC
- Van Buskirk v. United Grp. of Companies, Inc.
- Palazzo ex rel. Delmage v. Corio
Judge Name
P. Kevin Castel
Passage Text
- For the purposes of alleging diversity jurisdiction, 'residence alone is insufficient to establish domicile for jurisdictional purposes.'
- By December 9, 2025, Plaintiff and Defendant shall file affidavits setting forth the state in which each is domiciled.
- An individual's citizenship, within the meaning of the diversity statute, is determined by his domicile [in other words] the place where a person has his true fixed home and principal establishment, and to which, whenever he is absent, he has the intention of returning.