RAZZAK v. EXCALIBUR ASSOCIATES, INC.
| Abdul-Azziz Razzak, Jr. |
| Excalibur Associates, Inc. |
| 1:2023cv03557 |
| November 29, 2023 |
| US District Court for the District of Columbia |
| Timothy J Kelly |
| Civil Rights: Accommodations |
| 42 U.S.C. ยง 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 24, 2024. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 10 REPLY to opposition to motion re #8 MOTION to Dismiss Plaintiff's Complaint and Compel Arbitration MOTION to Compel filed by EXCALIBUR ASSOCIATES, INC.. (Farrington, Daniel) |
| Filing 9 Memorandum in opposition to re #8 Motion to Dismiss,, Motion to Compel, filed by ABDUL-AZZIZ RAZZAK, JR. (Attachments: #1 Memorandum in Support PLAINTIFFS MEMORANDUM OF LAW IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS, #2 Exhibit A - Offer Letter, #3 Exhibit B - CBA, #4 Exhibit C - FPS Security Manual, #5 Exhibit D - Email from David Klass, #6 Exhibit E - August 25, 2023 Letter, #7 Exhibit F - September 13, 2023 Letter, #8 Text of Proposed Order Proposed Order)(Lewis, Dionna) |
| Filing 8 MOTION to Dismiss Plaintiff's Complaint and Compel Arbitration by EXCALIBUR ASSOCIATES, INC.. (Attachments: #1 Memorandum in Support, #2 Exhibit 1 to Memorandum in Support - Declaration of Carrie McCoy, #3 Exhibit 2 to Memorandum in Support - Email from District Legal Group, PLLC, #4 Text of Proposed Order)(Farrington, Daniel). Added MOTION to Compel on 1/3/2024 (ztth). |
MINUTE ORDER: Plaintiff has filed a #7 Notice of Removal, in which he requests that the Court issue an order removing Case No. D-06-CV-23-18191 from the District Court of Maryland for Montgomery County and joining it to the present action. This request is improper for several reasons. First, pursuant to the removal provisions of 28 U.S. Code 1446, "[r]emoval of a civil case is not based on a motion that a court, either state or federal, grants or denies; rather, it is a fait accomplis by the party initiating the removal petition." Shannon v. Shannon, 965 F.2d 542, 545 (7th Cir. 1992). Moreover, the act of removal merely transfers a case from state court to federal court. The Court is not aware of any legal support for the idea that it may use removal to join a state case to an existing federal case, as Plaintiff requests. Finally, even assuming Plaintiff had properly noticed a removal for the Maryland state court action, that removal would be inappropriate because 28 U.S.C. 1441(a) only permits removal "to the district court of the United States for the district and division embracing the place where such action is pending." The state court action at issue here is pending in the District Court of Maryland for Montgomery County, and this Court is not the district court of the United States "embracing" that location. Accordingly, it is hereby ORDERED that Plaintiff's request for the Court to issue an order removing Case No. D-06-CV-23-18191 from the District Court of Maryland for Montgomery County and joining it to this action is DENIED. Signed by Judge Timothy J. Kelly on 12/21/2023. (lctjk2)
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| Filing 7 NOTICE OF REMOVAL from District Court of Maryland for Montgomery County, case number D-06-CF-23-18191 Filing fee $ 405, receipt number ADCDC-10574609 filed by ABDUL-AZZIZ RAZZAK, JR. (Attachments: #1 Text of Proposed Order Proposed Order, #2 Supplement Excalibur State Court Complaint, #3 Supplement Razzak Sate Court Intention to Defend, #4 Supplement Razzak State Court Motion to Change Venue, #5 Supplement Excalibur State Court Opposition to Motion to Change Venue)(Lewis, Dionna) |
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Filing 6
STANDING ORDER. See Order for details. Signed by Judge Timothy J. Kelly on 12/13/2023. (lctjk2)
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| Filing 5 SUMMONS (1) Issued Electronically as to EXCALIBUR ASSOCIATES, INC. (Attachments: #1 Notice and Consent)(zljn) |
| Case Assigned to Judge Timothy J. Kelly. (zljn) |
| Filing 4 NOTICE OF RELATED CASE by ABDUL-AZZIZ RAZZAK, JR. Case related to Case No. District Court of Maryland for Montgomery County D-06-CV-23-018191. (Lewis, Dionna) (Main Document 4 replaced on 12/1/2023) (zljn). |
| Filing 3 CIVIL COVER SHEET by ABDUL-AZZIZ RAZZAK, JR filed by ABDUL-AZZIZ RAZZAK, JR. (Attachments: #1 Related Case Form)(Lewis, Dionna) (zljn). |
| Filing 2 ERRATA COMPLAINT by ABDUL-AZZIZ RAZZAK, JR. (Lewis, Dionna) |
| NOTICE OF ERROR re #1 Complaint; emailed to Dionna@DistrictLegalGroup.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. Incorrect coversheet. Please use the cover sheet at https://www.dcd.uscourts.gov/new-case-forms & file using the event Civil Cover Sheet., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) |
| NOTICE OF ERROR re #1 Complaint; emailed to Dionna@DistrictLegalGroup.com, cc'd 1 associated attorneys -- The PDF file you docketed contained errors: 1. Missing Related Case form. Please submit using the event Notice of Related Case., 2. Hello the Related Case form must be filled as a separate event. It cannot be filed as an attachment., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zljn, ) |
| Filing 1 COMPLAINT against EXCALIBUR ASSOCIATES, INC. with Jury Demand ( Filing fee $ 402 receipt number ADCDC-10525121) filed by ABDUL-AZZIZ RAZZAK, JR. (Attachments: #1 Civil Cover Sheet, #2 Summons)(Lewis, Dionna) |
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| Plaintiff: Abdul-Azziz Razzak, Jr. | |
| Represented By: | Dionna Maria Lewis |
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| Defendant: Excalibur Associates, Inc. | |
| Represented By: | Daniel E. Farrington |
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