US Bank Trust, N.A. v. Malec et al
| US Bank Trust National Association and US Bank Trust, N.A. |
| Stephen J. Malec, Keeley Malec, Stephen K. Malec Jr. and Keeley S. Malec |
| 3:2021cv00361 |
| March 16, 2021 |
| US District Court for the District of Connecticut |
| Jeffrey A Meyer |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on March 29, 2021. A more recent docket listing may be available from PACER.
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| Filing 10 Case remanded to Connecticut Superior Court, Judicial District of Stamford. (Freberg, B) |
Filing 9
ORDER REMANDING ACTION TO STATE COURT. On March 18, 2021, the Court entered an order to show cause why this removed action should not be remanded to state court for lack of federal jurisdiction. Doc. #6. The Court's order carefully explained why it does not appear that there is federal jurisdiction over this case. Defendant Keeley Malec has filed a response that makes arguments about the law but that does not respond to the reasons stated by the Court about why a federal court lacks jurisdiction to consider such claims as they have been raised as grounds for removal. For example, plaintiff's response states that her federal law rights have been violated, but the Courts prior order to show cause explained that "the fact that a defendant may interpose federal law as a defense to a state law cause of action does not give rise to federal-question jurisdiction." Doc. #6 at 3. Nor does defendant Keeley Malec do anything to explain why she has untimely filed a notice of removal more than five years after the state court action was filed against her. Because it is apparent that there is no proper basis for removal and that this action was removed for improper purposes to delay state court proceedings, the Court forthwith REMANDS this action back to the Connecticut Superior Court, Judicial District of Stamford: FST-CV-6026899-S. The Clerk of Court shall immediately and forthwith remand this case to state court without waiting the ten days per Local Rule 83.7. The Court DENIES as moot the motion for leave to proceed in forma pauperis (Doc. #2 ), and the Clerk of Court shall close this case. It is so ordered. Signed by Judge Jeffrey A. Meyer on 3/29/2021.(Freberg, B)
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| Filing 8 RESPONSE TO #6 Order to Show Cause, by Keeley Malec filed by Keeley Malec. (Payton, R.) |
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Filing 6
ORDER TO SHOW CAUSE WHY ACTION SHOULD NOT BE REMANDED TO STATE COURT. For the reasons set forth in the attached order, it appears that this case should be immediately remanded to the Connecticut Superior Court. In the event, however, that the Court is mistaken, the Court will permit defendant Keeley Malec to file a response to this order to show cause by March 25, 2021. It is so ordered. Signed by Judge Jeffrey A. Meyer on 03/18/2021. (Martinez, C.)
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| Filing 7 NOTICE TO COUNSEL NOT ADMITTED TO THE BAR OF THE US DISTRICT COURT OF CONNECTICUT Re: Local Rule 83.1 Admission of Attorneys. The above captioned case has been received and filed in our court. Please see our Local Rule 83.1 regarding Admission of Attorneys that is available on our website at www.ctd.uscourts.gov. You will not be added to the case, nor will we accept further filings until you have complied with Local Rule 83.1. If you have any questions about this procedure, please contact the Clerk's Office. Signed by Clerk on 03/16/2021.(Fazekas, J.) |
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Filing 5
STANDING PROTECTIVE ORDER Signed by Judge Jeffrey A. Meyer on 03/16/2021.(Fazekas, J.)
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Filing 4
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Jeffrey A. Meyer on 03/16/2021.(Fazekas, J.)
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Filing 3
Order on Pretrial Deadlines: Amended Pleadings due by 5/15/2021. Discovery due by 9/15/2021. Dispositive Motions due by 10/20/2021. Signed by Clerk on 03/16/2021.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Keeley Malec. (Fazekas, J.) |
| Filing 1 NOTICE OF REMOVAL by Keeley Malec from Superior Court-Stamford, case number FST-CV15-6026899-S, filed by Keeley Malec. (Attachments: #1 Civil Cover Sheet)(Fazekas, J.) Modified on 3/19/2021 to edit text (Fazekas, J.). |
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