Klapuh v. American Carpet South Inc. et al
| Almedin Klapuh |
| American Carpet South Inc. doing business as ACS Flooring and Joseph Santagata |
| 1:2021cv10328 |
| February 26, 2021 |
| US District Court for the District of Massachusetts |
| Allison D Burroughs |
| Labor: Fair Standards |
| 05 U.S.C. ยง 704 |
| Plaintiff |
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| Filing 11 Case file sent to Suffolk Superior Court. (McDonagh, Christina) |
| Filing 10 Judge Allison D. Burroughs: ELECTRONIC ORDER entered On February 26, 2021, Defendants removed this case from Suffolk County Superior Court to this Court, invoking federal question jurisdiction because Plaintiff brought a claim under the federal Fair Labor Standards Act ("FLSA"). [ECF No. #1 ]. On March 2, 2021, Plaintiff filed an amended complaint, without the FLSA claim. [ECF No. #8 ]. On March 4, 2021, Plaintiff filed an unopposed motion to remand because there is no federal question jurisdiction without the FLSA claim. [ECF No. #9 ]. Although "[a]n amendment to a complaint after removal designed to eliminate the federal claim will not defeat federal jurisdiction," Ching v. Mitre Corp., 921 F.2d 11, 13 (1st Cir. 1990), it does "set[] the stage for an exercise of the court's informed discretion," Roche v. John Hancock Mut. Life Ins. Co., 81 F.3d 249, 257 (1st Cir. 1996). Here, because the litigation is in its infancy and Defendants do not oppose remand, the Court will remand the case. Accordingly, Plaintiff's motion, [ECF No. #9 ], is GRANTED and the case is hereby REMANDED to Suffolk County Superior Court. (McDonagh, Christina) |
| Filing 9 MOTION to Remand to State Court (Unopposed) by Almedin Klapuh.(DiGiampaolo, Amie) |
| Filing 8 AMENDED COMPLAINT and Demand for Jury Trial against All Defendants, filed by Almedin Klapuh.(DiGiampaolo, Amie) |
| Filing 7 NOTICE of Appearance by Zachary D. Reisch on behalf of American Carpet South Inc., Joseph Santagata (Reisch, Zachary) |
| Filing 6 NOTICE of Appearance by James D. Smeallie on behalf of American Carpet South Inc., Joseph Santagata (Smeallie, James) |
| Filing 5 Certified Copy of Notice of Removal Provided to Defense Counsel by Email (Currie, Haley) |
| Filing 4 ELECTRONIC NOTICE of Case Assignment. Judge Allison D. Burroughs assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Judith G. Dein. (Finn, Mary) |
| Filing 3 NOTICE of Appearance by Michael T. Maroney on behalf of American Carpet South Inc. d/b/a ACS Flooring, Joseph Santagata (Maroney, Michael) |
| Filing 2 CORPORATE DISCLOSURE STATEMENT by American Carpet South Inc. d/b/a ACS Flooring, Joseph Santagata. (Maroney, Michael) |
| Filing 1 NOTICE OF REMOVAL by American Carpet South Inc. d/b/a ACS Flooring, Joseph Santagata ( Filing fee: $ 402, receipt number 0101-8655995 Fee Status: Filing Fee paid) (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(Maroney, Michael) |
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