## Facts

- Barzelatto sued Spire Securities, LLC in a case later docketed in the U.S. District Court for the Southern District of New York as Case No. 19 Civ. 6238 (CM).
- The action originated in state court and was removed to federal court by a notice of removal invoking 28 U.S.C. § 1441.
- The federal docket categorized the matter as a securities-related civil case (Nature of Suit code 850: Securities/Commodities/Exchange).
- The case was assigned to Chief Judge Colleen McMahon.
- The district court issued a written decision indexed at 2019 U.S. Dist. LEXIS 231274.
- The federal case was filed on July 3, 2019 and terminated on November 6, 2019, after the court’s order resolved the proceeding.

## Issues

1. Whether the removed action had a sufficient basis for federal subject-matter jurisdiction under the removal statutes for it to proceed in federal court.

## Decision

- The court issued a written order (2019 U.S. Dist. LEXIS 231274) disposing of the removed action.
- The case was terminated on the federal docket on November 6, 2019.

## Legal Principles

- Removal under 28 U.S.C. § 1441 requires an independent basis for federal subject-matter jurisdiction.
- Federal-question jurisdiction generally depends on the well-pleaded complaint; a federal defense ordinarily does not create removal jurisdiction.
- If subject-matter jurisdiction is lacking at any time, the federal court must remand or otherwise dispose of the action consistent with its limited power to act.
- In removed cases, the removing party bears the burden of showing that federal jurisdiction exists.

## Conclusion

*Barzelatto v. Spire Securities, LLC* is an S.D.N.Y. securities-related civil action removed from state court under 28 U.S.C. § 1441 and assigned to Chief Judge McMahon; the court issued a written decision reported at 2019 U.S. Dist. LEXIS 231274 and the federal case was terminated on November 6, 2019 after that order resolved the removed proceeding.


Barzelatto v. Spire Securities, LLC, Case No. 19 Civ. 6238 (CM), 2019 U.S. Dist. LEXIS 231274 (2019)