PHILIPS v. COUNTY OF GLOUCESTER et al
| JEANINE PHILIPS |
| TRACEY GIORDANO, JOANN SCHNEIDER, COUNTY OF GLOUCESTER, JOHN DOES 1-10, JANE DOES 1-10 and ERIC M. CAMPO |
| 1:2024cv08310 |
| August 6, 2024 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Matthew J Skahill |
| Labor: Fair Standards |
| 28 U.S.C. ยง 451 Employment Discrimination |
| Both |
Docket Report
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| Filing 5 Transmittal Letter for remanded case to Gloucester County Courthouse1 North Broad StreetWoodbury, NJ 08096 State No: GLO-L-329-23. Mailed certified copy of the Order remanding case. (dmw, Mailed with Certified copy of Text Order) |
Filing 4
TEXT ORDER: Defendant County of Gloucester removed this matter (ECF No. #1 ) based on plaintiff's filing of a motion for leave to file an amended complaint to add a claim under the Fair Labor Standard Act (State Court Motion) (id.p. 1). The Court's review of the state court's docket indicates that the County removed this matter before the State Court Motion was granted and plaintiff filed the proposed amended complaint. "The Third Circuit has not squarely addressed whether a complaint or an amended complaint becomes removable upon mere notice of a motion for leave to amend or upon a defendant's mere consent to the filing of such an amendment." Enigwe v. Extended Stay Am., No. 21-12407, 2021 WL 7209451, at *3 (D.N.J. Oct. 4, 2021). "Courts in this circuit have adopted the majority rule, which states, 'an amended complaint that would provide a basis for subject matter jurisdiction does not become removable until the motion to amend is granted and the amended complaint becomes effective.'" D'Agostino v. Domino's Pizza, No. 17-11603, 2018 WL 1914239, at *2 (D.N.J. Apr. 23, 2018) (quoting McDonough v. UGLUNICCO, 766 F. Supp. 2d 544, 547 (E.D. Pa. 2011)). This Court adopts that majority rule. Accordingly, this Court lack subject matter jurisdiction and this matter is remanded to the state court. So Ordered by Judge Edward S. Kiel on 8/8/2024. (gn, )
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| Filing 3 NOTICE of Appearance by JOSE ANTONIO JIMENEZ on behalf of COUNTY OF GLOUCESTER (JIMENEZ, JOSE) |
| Filing 2 NOTICE of Appearance by JOSEPH G. ANTINORI on behalf of COUNTY OF GLOUCESTER (ANTINORI, JOSEPH) |
| ***Civil Case Terminated remanded to state court. (gn, ) |
| Notice of Judicial Preferences. #Click here for the Judge's Individual Procedure Requirements. (aji, ) |
| CLERK'S QUALITY CONTROL MESSAGE - The case you electronically filed has been processed, however, the following deficiencies were found: Party Information, ALL PARTIES need to be added as they appear on the State Court Complaint . The Clerk's Office has made the appropriate changes. Please refer to the Attorney Case Opening Guide for processing electronically filed cases. (aji, ) |
| Judge Edward S. Kiel and Magistrate Judge Matthew J. Skahill added. (dmw) |
| Filing 1 NOTICE OF REMOVAL by COUNTY OF GLOUCESTER from Gloucester County Superior Court, case number GLO-L-329-23. ( Filing and Admin fee $ 405 receipt number ANJDC-15571271), filed by COUNTY OF GLOUCESTER.(COOK, WILLIAM) |
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