Van Buskirk v. The United Group of Companies, Inc., No. 18-1469 (2d Cir. 2019)Annotate this Case
Plaintiffs appealed the district court's dismissal of their state law claims for lack of subject matter jurisdiction and the district court's subsequent denial of a motion for reconsideration. Plaintiffs argued that, on de novo review, the entire record on appeal demonstrated that they were citizens of Florida – not New York – at the time they filed their suit, and therefore satisfied the complete diversity requirement of 28 U.S.C. 1332, establishing federal subject matter jurisdiction.
The Second Circuit vacated the judgment of the district court so that plaintiffs may amend their complaint, holding that courts may freely permit jurisdictional amendments even at the appellate level. The court noted that the district court may also consider whether to impose costs on plaintiffs for their failure to provide all relevant evidence at the time of the order to show cause. Accordingly, the court remanded for further proceedings.