SAXTON v. MENEZES INC. et al
| AMANDA MARIE SAXTON |
| MENEZES INC. and UNWIND WELLNESS CENTER |
| 1:2024cv01141 |
| April 19, 2024 |
| US District Court for the District of Columbia |
| Dabney L Friedrich |
| P.I.: Other |
| 28 U.S.C. ยง 1332 Diversity-Petition for Removal |
| Both |
Docket Report
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This docket was last retrieved on June 4, 2024. A more recent docket listing may be available from PACER.
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| Case Remanded to Superior Court re 5/22/2024 MINUTE Order on Motion to Withdraw. (mg) |
| Set/Reset Deadlines: Case to be remanded on 6/3/2024. (zjch, ) |
MINUTE ORDER. Upon consideration of the defendant's #5 Motion, the motion is GRANTED. This action is REMANDED to the Superior Court of the District of Columbia. Although the defendant's motion is filed outside the time period prescribed by 28 U.S.C. 1447(c), that deadline is not jurisdictional, and the Court finds that the defendant has waived it by moving for remand. Cf. Phoenix Global Ventures, LLC v. Phoenix Hotel Assocs., Ltd., 422 F.3d 72, 75 (2d Cir. 2005). The Clerk of Court is directed to close the case. So Ordered by Judge Dabney L. Friedrich on May 22, 2024. (lcdlf1)
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| Filing 5 MOTION to Withdraw #1 Notice of Removal,,, by MENEZES INC.. (Attachments: #1 Text of Proposed Order)(Sheehan, Angela) |
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MINUTE ORDER. On April 19, 2024, the defendant filed a notice of removal in this action. On April 24, 2024, this Court ordered the plaintiff to file any motion to remand within the time provided by 28 U.S.C. 1447(c), which provides that a motion to remand made "on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of [a] notice of removal under" 28 U.S.C. 1446(a). Because May 19, 2024 -- the exact 30-day mark -- falls on a Sunday, that date (for purposes of this case) is May 20, 2024. Fed. R. Civ. P. 6(a)(1)(C). Accordingly, and notwithstanding the May 24 filing deadline proposed in the parties' #4 Status Report, it is ORDERED that the plaintiff shall file any motion to remand on or before May 20, 2024. So Ordered by Judge Dabney L. Friedrich on May 8, 2024. (lcdlf1)
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| Filing 4 Joint STATUS REPORT by MENEZES INC.. (Sheehan, Angela) |
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MINUTE ORDER. On or before May 7, 2024, the parties shall file a joint status report proposing a schedule for further proceedings in this matter. In addition, it is not apparent to the Court whether this action is removable, as it appears that at least one of the defendants may be "a citizen of the State in which [this] action is brought." 28 U.S.C. 1441(b)(2). Accordingly, if the plaintiff seeks remand -- on this basis or any other -- she shall file an appropriate motion to remand within the time provided by 28 U.S.C. 1447(c). So Ordered by Judge Dabney L. Friedrich on April 24, 2024. (lcdlf1)
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Filing 3
STANDARD ORDER for Civil Cases. See text for details. Signed by Judge Dabney L. Friedrich on April 23, 2024. (lcdlf1)
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| Filing 2 NOTICE to Counsel/Party re #1 Notice of Removal. (Attachments: #1 Notice and Consent)(zcb) |
| Case Assigned to Judge Dabney L. Friedrich. (zcb) |
| Filing 1 NOTICE OF REMOVAL from Superior Court for the District of Columbia, case number 2024-CAB-001158 Filing fee $ 405, receipt number ADCDC-10838864 filed by UNWIND WELLNESS CENTER, MENEZES INC.. (Attachments: #1 Civil Cover Sheet, #2 Superior Court Documents Affidavit of Service, #3 Superior Court Documents Summons, #4 Superior Court Documents Civil Information Sheet, #5 Superior Court Documents Complaint, #6 Superior Court Documents Initial Order, #7 Superior Court Documents Interrogatories to Defendant Menezes, #8 Superior Court Documents Interrogatories to Defendant Unwind, #9 Superior Court Documents Request for Production of Documents to Defendant Menezes, #10 Superior Court Documents Request for Production of Documents to Defendant Unwind)(Sheehan, Angela) (Attachment 1 replaced on 4/22/2024) (zcb). |
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