Caprio v. Gorawara
| John Caprio |
| Rahul Gorawara |
| 3:2023cv01410 |
| October 27, 2023 |
| U.S. District Court for the District of Connecticut |
| Kari A Dooley |
| Sarala V Nagala |
| Robert A Richardson |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Defendant |
Docket Report
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| Filing 26 MOTION for Sanctions by John Caprio.Responses due by 1/12/2024 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Connors, Richard) |
| Filing 25 MOTION for Sanctions by John Caprio.Responses due by 1/12/2024 (Connors, Richard) |
| Filing 24 MOTION for Reconsideration re 23 Order on Motion to Remand to State Court,,,,,,,,,,,,,,,,,,,,,,,,,,, by Rahul Gorawara. (Gorawara, Rahul) |
| JUDICIAL PROCEEDINGS SURVEY - FOR COUNSEL ONLY: The following link to the confidential survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Although you are receiving this survey through CM/ECF, it is hosted on an independent website called SurveyMonkey. Once in SurveyMonkey, the survey is located in a secure account. The survey is not docketed and it is not sent directly to the judge. To ensure anonymity, completed surveys are held up to 90 days before they are sent to the judge for review. We hope you will take this opportunity to participate, please click on this link: https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Fanelle, N.) |
Filing 23
ORDER granting #15 Motion to Remand to State Court. On October 23, 2023, the self-represented Defendant, Rahul Gorawara, filed a notice of removal to this Court in the state court action captioned Caprio v. Gorawara, NNH-CV17-6088519-S. The removal was docketed in this Court on October 27, 2023. This is the third time Defendant has filed a notice of removal in the underlying state action. Defendant's prior two removals were remanded to the Superior Court for lack of subject matter jurisdiction. See Caprio v. Gorawara, No. 3:18-cv-821 (SRU) (D. Conn. July 13, 2018), ECF No. 21; Caprio v. Gorawara, No. 3:19-cv-1390 (MPS) (D. Conn. Nov. 14, 2019), ECF No. 22. The undersigned similarly concludes that removal was improper and therefore remands this matter to the Superior Court for the reasons set forth below. Although the Court agrees with Plaintiff that the removal appears to be an effort to manipulate and delay the state court proceedings, the request for attorneys' fees and costs is denied. Federal courts have subject matter jurisdiction over only matters in which a federal question is raised or there is diversity of citizenship. See 28 U.S.C. 1331, 1332. Diversity jurisdiction exists only where there is complete diversity of citizenship between the parties and the amount in controversy exceeds $75,000. 28 U.S.C. 1332(a). A notice of removal generally must "be filed within 30 days after the receipt by the defendant... of a copy of the initial pleading... or within 30 days after the service of summons upon the defendant... whichever period is shorter." 28 U.S.C. 1446(b)(1). The state court action was filed in 2017 and thus the notice of removal is untimely. Pursuant to 28 U.S.C. 1446(b)(3) "if the case stated by the initial pleading is not removable, a notice of removal may be filed within 30 days after receipt by the defendant... of [any] paper from which it may first be ascertained that the case is one which is or has become removable." Defendant contends that Plaintiff's settlement offer of $75,000 on June 21, 2022, now satisfies the amount in controversy requirement because Plaintiff has incurred at least one penny of litigation expenses which he has advised he will seek to recover. Defendant does not, however, explain the nearly seventeen-month delay in removing his case upon receipt of that settlement offer. "[T]he statutory time limit is mandatory and absent a finding of waiver or estoppel, federal courts rigorously enforce the statute's thirtyday filing requirement." Nat'l Waste Assocs., LLC v. TD Bank, N.A., No. 3:10-cv-289 (CSH), 2010 WL 1931031, at *2 (D. Conn. May 2, 2010) (quoting Edleman v. Page, 535 F. Supp. 2d 290 (D. Conn. 2008)). "There exists no precedent within this Circuit for waiving the timeliness requirement." Id. at *6. Defendant argues that the timeliness requirement was not triggered in June 2022 because Plaintiff sought exactly $75,000 in damages, which would not meet the removal threshold. Defendant also asserts that Plaintiff acted in bad faith insofar as he has reneged on the damages stipulation previously filed and because Plaintiff's counsel did not sign the stipulation in violation of Rule 11, perhaps lulling Defendant into a false sense of security as to his exposure. The Court need not reach this latter issue because Defendant's arguments notwithstanding, the removal was not timely. Defendant argues that Plaintiff's claimed damages have grown by at least one penny since the settlement offer of June 21, 2022, based upon Plaintiff's stated intention at that time to seek punitive damages, i.e., costs of litigation less taxable costs. He cites, for example, Plaintiff's filing of motions in limine on October 17, 2023 in the state court in advance of the trial which was scheduled to begin on October 25, 2023. This argument is specious. Defendant cannot ignore seventeen months of litigation during which Plaintiff's attorney advocated on behalf of Plaintiff and then select a recent filing as triggering the amount in controversy threshold in order to restart the 30 day removal clock. Indeed, a review of the state court docket, of which the Court may take judicial notice; see Giraldo v. Kessler, 694 F.3d 161, 164 (2d Cir. 2012); reveals that between June of 2022 and the instant removal, there were multiple filings by Defendant to which Plaintiff responded and multiple filings by Plaintiff to which Defendant responded, any of which, even under Defendant's theory, would have triggered the amount in controversy threshold. Indeed, Plaintiff submitted a filing on July 29, 2022, fifteen months before Defendant attempted to remove the case for the third time and on the eve of trial. Accordingly, the Court finds that Defendant's Notice of Removal failed to comply with the thirtyday filing requirement in 28 U.S.C. 1446(b).Moreover, "all defendants who have been properly joined and served must join in or consent to the removal of the action." 1446(b)(2)(A). Wanling Su, a defendant in Caprio v. Gorawara, NNH-CV17-6088519-S, is neither named in the Notice of Removal nor has she signed the Notice of Removal. "It is well-established in this Circuit that it is not sufficient for a non-removing defendant to merely advise the removing defendant that it consents to removal and that the removing defendant may represent such consent to the Court on its behalf." Jean-Jacques v. Uber Technologies, Inc., 2022 WL 17095036, at *1 (E.D.N.Y. Oct. 21, 2022) (collecting cases), report & recommendation adopted, 2022 WL 17092835 (E.D.N.Y. Nov. 21, 2022). Although Gorawara states that "All Defendants have consented to removal to the United States District Court for the District of Connecticut," the Court has received no indication directly from Defendant Su of such consent at the time of removal or any time thereafter. Finally, the Defendant Rahul Gorawara is hereby put on notice that any future efforts to remove this case, if found to be frivolous, may result in an order prohibiting him from making any future attempts to remove this action to federal court and/or the imposition of monetary sanctions. See, e.g., J.P. Morgan Chase Bank N.A. v. Caires, No. 3:17-cv-1298 (JCH), 2017 WL 3891663, at *3 (D. Conn. Sept. 6, 2017). The Clerk of the Court is directed to: (1) remand this matter to the Connecticut Superior Court, judicial district of New Haven at New Haven, pursuant to 28 U.S.C. 1447(c), and (2) close this case.Signed by Judge Kari A. Dooley on 11/28/2023. (Chambers, Jillian)
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| Filing 22 Memorandum in Opposition re #15 MOTION to Remand to State Court filed by Rahul Gorawara. (Attachments: #1 Exhibit 7, #2 Exhibit 8, #3 Exhibit 9)(Gorawara, Rahul) |
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Filing 21
ORDER OF TRANSFER. Case reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Judge Sarala V. Nagala on 11-13-2023. (Shafer, J.)
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| Filing 20 Disclosure Statement by Rahul Gorawara Pursuant to Fed. R. Civ. P. 7.1. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 19 Memorandum by Rahul Gorawara in Support of #4 Motion to Participate in Electronic Filing. (Attachments: #1 Envelope) (Shafer, J.) |
| Filing 18 Amended NOTICE by Rahul Gorawara (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Gorawara, Rahul) |
| Reset deadline as to #15 MOTION to Remand: response due by 11-27-2023 per Dkt. 17 Order. (Shafer, J.) |
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Filing 17
ORDER. The response deadline to Plaintiff's motion to remand presently falls on November 24, 2023, which is a court holiday. The Court therefore sua sponte vacates that deadline and orders that Defendant responds to Plaintiff's motion to remand by November 27, 2023. Signed by Judge Sarala V. Nagala on 11/6/2023.(Piccolo, Marissa)
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| Filing 16 Memorandum in Support re #15 MOTION to Remand to State Court filed by John Caprio. (Connors, Richard) |
| Filing 15 MOTION to Remand to State Court by John Caprio.Responses due by 11/24/2023 (Connors, Richard) |
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Filing 14
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Sarala V. Nagala on 11-2-2023. (Shafer, J.)
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Filing 13
ORDER granting #4 Defendant's motion to participate in electronic filing as self-represented litigant. Signed by Judge Sarala V. Nagala on 11/2/2023.(Piccolo, Marissa)
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Filing 12
ORDER. The Court has reviewed Defendant's notice of removal, which does not contain a copy of the underlying complaint. To ascertain the nature of this action, Defendant shall file a copy of the complaint by November 8, 2023. See 28 U.S.C. 1447(b). Signed by Judge Sarala V. Nagala on 11/2/2023.(Piccolo, Marissa)
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| Filing 11 STANDING ORDER ON REMOVED CASES. Signed by Clerk on 10/30/2023. (Mendez, D) |
| Filing 10 NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES: Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of #5 Notice (Other) filed by Rahul Gorawara, #8 Electronic Filing Order, 6 Notice re: Disclosure Statement, #3 Appearance Self Represented Party filed by Rahul Gorawara, #4 MOTION for by Self-Represented Litigant to Participate in Electronic Filing Order filed by Rahul Gorawara, #7 Order on Pretrial Deadlines, #9 Standing Protective Order, #2 Consent to Electronic Notice filed by Rahul Gorawara, #1 Notice of Removal, filed by Rahul Gorawara. Signed by Clerk on 10/30/2023. (Mendez, D) |
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Filing 9
STANDING PROTECTIVE ORDER. Signed by Judge Sarala V. Nagala on 10/27/2023. (Mendez, D)
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Filing 8
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Sarala V. Nagala on 10/27/2023. (Mendez, D)
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Filing 7
Order on Pretrial Deadlines: Amended Pleadings due by 12/26/2023. Discovery due by 4/27/2024. Dispositive Motions due by 6/1/2024. Signed by Clerk on 10/27/2023. (Mendez, D)
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| Filing 6 Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 10/27/2023. (Oliver, T.) |
| Filing 5 NOTICE Pursuant to Standing Order by Rahul Gorawara (Oliver, T.) |
| Filing 4 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Rahul Gorawara. (Oliver, T.) |
| Filing 3 Appearance Self Represented Party by Rahul Gorawara (Oliver, T.) |
| Filing 2 Consent to Electronic Notice by Rahul Gorawara (Oliver, T.) |
| Filing 1 NOTICE OF REMOVAL by Rahul Gorawara from Connecticut Superior Court, Judicial District of New Haven, case number NNH-CV17-6071233-S., filed by Rahul Gorawara. (Attachments: #1 Civil Cover Sheet, #2 copy of envelope) (Oliver, T.) |
| Filing fee received from Rahul Gorawara: $ 402.00, receipt number BPT-13965. (Oliver, T.) |
| Judge Sarala V. Nagala and Judge Robert A. Richardson added. (Oliver, T.) |
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| Plaintiff: John Caprio | |
| Represented By: | Richard F. Connors |
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| Defendant: Rahul Gorawara | |
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