TARZANIN v. KELLOGG CLUB et al
| ALEXANDRA TARZANIN |
| KELLOGG CLUB, S.R. Smith, LLC, LOEFFLER POOLS MANAGEMENT, INC., ABC CORP. 1-10 and JOHN DOE 1-10 |
| 2:2022cv04496 |
| July 8, 2022 |
| US District Court for the District of New Jersey |
| Edward S Kiel |
| Brian R Martinotti |
| Tort Product Liability |
| 28 U.S.C. ยง 1441 Notice of Removal- Product Liability |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 9 Transmittal Letter for remanded case to Morris County CourthouseWashington & Court StreetsMorristown, NJ 07963-0910 State No: MRS-L-853-22. Mailed certified copy of the Order remanding case. (qa, ) |
Filing 8
CONSENT ORDER FOR REMAND. The Notice of Removal filed by SRS on July 8, 2022 #1 is hereby vacated. This matter is hereby remanded back to the New Jersey Superior Court, Morris County to proceed under the original case filed under Docket No. MRS-L-853-22. Any scheduling Orders and referrals to arbitration entered by this District Court are hereby vacated. Signed by Judge Brian R. Martinotti on 7/28/2022. (qa, )
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| ***Civil Case Terminated. (qa, ) |
| Filing 7 Proposed Order by S.R. SMITH, LLC. (ROSE, BETH) |
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Filing 6
TEXT ORDER: Counsel for Defendant S.R. Smith, LLC (SRS) purports to remove this case by "snap removal" to bypass the procedural forum-defendant bar found in 28 U.S.C. 1441(b)(2). See Encompass Ins. Co. v. Stone Mansion Rest. Inc., 902 F.3d 147 (3d Cir. 2018). However, plaintiff (ECF No. 1 p.10 para. 4) and the two unserved defendants (ECF No. 1 p.2 paras. 7, 8) are New Jersey citizens. Thus, it appears that removal is barred by the mandatory jurisdictional requirement of complete diversity of citizenship in 28 U.S.C. 1332. See Pullman Co. Jenkins, 305 U.S. 534, 541 (1939) (when "there is no diversity of citizenship... the non-resident defendant should not be permitted to seize an opportunity to remove the cause before service upon the resident co-defendant is effected"); Stanley v. Lowe's Cos., Inc., No. 19-15436, 2020 WL 1531387, at *24 (D.N.J. Mar. 31, 2020) (holding snap removal is only proper when diversity exists); Dillard v. TD Bank, NA, No. 20-07886, 2021 WL 1085461, at *23 (D.N.J. Mar. 22, 2021) (same, and noting "Encompass... addressed snap removal in the context of completely diverse parties, and...did not speak to the propriety of snap removal before a diversity-defeating defendant is served"); Reyes v. Sheika, No. 19-20388, 2020 WL 2732069, at *1 (D.N.J. May 26, 2020) (same in adopting report and recommendation at 2020 WL 2735710 (D.N.J. May 7, 2020)); Burga v. Unifirst Corp., No. 20-10849, 2021 WL 395897, at *1 (D.N.J. Feb. 4, 2021) (same in adopting report and recommendation at 2020 WL 8452558 (D.N.J. Dec. 3, 2020)). Therefore, SRS's counsel is directed to do one of the following by July 28, 2022: (1) file a proposed consent order to remand for District Judge Martinotti's signature; or (2) explain in a letter not to exceed four pages why removal was proper. So Ordered by Magistrate Judge Edward S. Kiel on 7/21/2022. (sms)
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| Filing 5 NOTICE of Appearance by ERIN ELIZABETH BARRETT on behalf of S.R. SMITH, LLC (BARRETT, ERIN) |
| Filing 4 Application and Proposed Order for Clerk's Order to extend time to answer as to S.R. Smith, LLC.. (ROSE, BETH) |
| Filing 3 NOTICE of Appearance by BETH S. ROSE on behalf of S.R. SMITH, LLC (ROSE, BETH) |
| Clerk`s Text Order - The document #4 Application for Clerk's Order to Ext Answer/Proposed Order submitted by S.R. SMITH, LLC has been GRANTED. The answer due date has been set for 8/5/2022. (qa, ) |
| Filing 2 Corporate Disclosure Statement by S.R. Smith, LLC identifying Fluidra, S.A. as Corporate Parent.. (Attachments: #1 Civil Cover Sheet)(ROSE, BETH) |
| Filing 1 NOTICE OF REMOVAL by S.R. Smith, LLC from New Jersey Superior Court, Morris County, case number MRS-L-853-22. ( Filing and Admin fee $ 402 receipt number ANJDC-13546456), filed by S.R. Smith, LLC.(ROSE, BETH) |
| CASE REFERRED to Arbitration. (ps) |
| Judge Brian R. Martinotti and Magistrate Judge Edward S. Kiel added. (ps) |
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