Ford v. Shader: Court Orders Affidavits on Domicile
Summary
The court ordered both parties in the diversity jurisdiction case to file affidavits stating their domicile by December 9, 2025. The court noted that plaintiff's complaint alleges New York residence while defendant's attorney asserts Florida domicile, but no affidavit attested to the latter. The court cited Second Circuit precedent establishing that 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.”
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What changed
The court ordered both plaintiff Shemiah Ford and defendant Corey Shader to file affidavits establishing their domicile for diversity jurisdiction purposes by December 9, 2025. The order addresses a gap in the record where defendant's attorney asserted Florida domicile but provided no supporting affidavit. The court applied the Second Circuit standard requiring domicile, not mere residence, to establish citizenship for diversity jurisdiction purposes.
Parties in federal diversity cases should ensure that any domicile assertions are supported by sworn affidavits, not just attorney representations in pleadings. Practitioners should note that courts will require formal documentation of each party's citizenship, and assertions of out-of-state domicile are particularly scrutinized.
What to do next
- By December 9, 2025, Plaintiff and Defendant shall file affidavits setting forth the state in which each is domiciled.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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Nov. 26, 2025 Get Citation Alerts Download PDF Add Note
Shemiah Ford v. Corey Shader
District Court, S.D. New York
- Citations: None known
- Docket Number: 1:25-cv-00748
Precedential Status: Unknown Status
Trial Court Document
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
-----------------------------------------------------------x
SHEMAIAH FORD,
Plaintiff,
25-cv-748 (PKC)
-against- ORDER
COREY SHADER,
Defendant.
-----------------------------------------------------------x
CASTEL, U.S.D.J.
Plaintiff’s complaint alleges that she resides in New York. (ECF 51 ¶ 19.)
Defendant’s attorney has asserted that he is a domiciliary of Florida (ECF 1 ¶ 16)
but no affidavit attests to that assertion.
For the purposes of alleging diversity jurisdiction, “residence alone is insufficient
to establish domicile for jurisdictional purposes.” Van Buskirk v. United Grp. of Companies,
Inc., 935 F.3d 49, 54 (2d Cir. 2019). “‘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.’” Id. at 53 (brackets and ellipsis in original; quoting Palazzo ex rel.
Delmage v. Corio, 232 F.3d 38, 42 (2d Cir. 2000)); see also Avant Cap. Partners, LLC v. W108
Dev. LLC, 387 F. Supp. 3d 320, 321 (S.D.N.Y. 2016) (“Residences matter only if they assist in
establishing domicile and citizenship.”) (Stanton, J.).
By December 9, 2025, Plaintiff and Defendant shall file affidavits setting forth the
state in which each is domiciled.
SO ORDERED.
LZ Pion lal
United States District Judge
Dated: New York, New York
November 26, 2025
-2-
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