Metro Chrysler Plymouth, Inc. v. Fraser
| Metro Chrysler Plymouth, Inc. d/b/a Star Chrysler Jeep Dodge and Metro Chrysler Plymouth, Inc. doing business as Star Chrysler Jeep Dodge |
| Lionel Fraser |
| 1:2023cv09358 |
| December 19, 2023 |
| US District Court for the Eastern District of New York |
| Lois Bloom |
| Rachel P Kovner |
| Contract: Other |
| 28 U.S.C. ยง 1441 Petition for Removal- Labor/Mgmnt. Relatio |
| Defendant |
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| Filing 8 REPLY in Support re #6 MOTION to Withdraw #1 Notice of Removal, filed by Metro Chrysler Plymouth, Inc.. (Felsen, Jamie) |
| Filing 7 REPLY in Support re #6 MOTION to Withdraw #1 Notice of Removal, , Order,,,,,,,, filed by Lionel Fraser. (Hertzig, Regina) |
ORDER: The Court is in receipt of defendants #6 motion to withdraw its notice of removal. Defendant seeks to withdraw its notice of removal on the basis that defendant learned that Plaintiff has filed several similar actions against other former employees based on a similar or identical claims and now believes in the interest of judicial economy, that the related actions are best adjudicated in same jurisdiction. Dkt. #6, at 1. However, the Supreme Court has held that a district court exceed[s] its authority in remanding on grounds not permitted by the controlling statute. Thermtron Prods., Inc. v. Hermansdorfer, 423 U.S. 336, 345 (1976), abrogated on other grounds by Quackenbush v. Allstate Ins. Co., 517 U.S. 706 (1996). 28 U.S.C. 1447(c) permits remand either (1) within 30 days after the filing of the notice of removal for any defect other than lack of subject matter jurisdiction, or (2) at any time before final judgment it appears the district court lacks subject matter jurisdiction. The statute does not mention removal based on consent or a defendants change of mind. Accordingly, several district courts have held that they lack statutory authority to grant a motion to remand to state court merely because all parties consent to remand. Carlson v. Yohn Co., No. 18-CV-3030 (KEM), 2018 WL 11541978, at *1 (N.D. Iowa Dec. 7, 2018) (collecting cases); see also Minute Order, Neumann v. Red Rock 4-Wheelers, No. 22-cv-516 (D. Utah Jan. 3, 2020), Dkt. #6 (denying a motion to withdraw a notice of removal on the basis that Defendant invoked the Courts jurisdiction upon removal to federal court and has not subsequently identified a legitimate basis for remand to state court).By 1/17/2024, defendant shall file a letter expanding on this Courts authority to grant its motion to withdraw its notice of removal. By that date, plaintiff may also file a letter stating its position on the matter. Ordered by Judge Rachel P. Kovner on 1/10/2024. (NNW)
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| Filing 6 MOTION to Withdraw #1 Notice of Removal, by Lionel Fraser. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Hertzig, Regina) |
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ORDER: Plaintiff requests, with defendant's consent, to adjourn the January 16, 2024 initial conference pending adjudication of its anticipated motion to remand. ECF No. #4 . The request is granted. The January 16, 2024 conference is adjourned sine die. Ordered by Magistrate Judge Lois Bloom on 1/3/2024. (IK)
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| Filing 5 NOTICE of Appearance by Nicole Marie Koster on behalf of Metro Chrysler Plymouth, Inc. (aty to be noticed) (Koster, Nicole) |
| Filing 4 MOTION to Adjourn Conference by Metro Chrysler Plymouth, Inc.. (Felsen, Jamie) |
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ORDER: Defendant removed this case from Queens County Supreme Court, invoking this Court's federal question jurisdiction. ECF No. #1 . While defendant's notice of removal states that defendant was served on November 21, 2013, id. at 2, the Court assumes this is a typographical error. Defendant shall respond to plaintiff's complaint by January 8, 2024. Any party seeking a trial by jury shall file a jury demand by that date. Fed. R. Civ. P. 81(c)(3)(A). Plaintiff shall also file a corporate disclosure statement in accordance with Federal Rule of Civil Procedure 7.1 by that date. The Court shall hold the initial conference on January 16, 2024 at NOON in Courtroom 11A South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. The parties shall exchange their Rule 26(a)(1) initial disclosures and file a 26(f) Meeting Report by January 10, 2024. Parties are advised that they must contact each other before making any request for an adjournment to the Court. Any request for an adjournment must be electronically filed with the Court at least seventy-two (72) hours before the scheduled conference. Counsel for defendant shall serve a copy of this Order on plaintiff's counsel and file proof of service on the docket forthwith. Ordered by Magistrate Judge Lois Bloom on 12/27/2023. (IK)
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| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (AF) |
| Filing 2 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (AF) |
| Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Lois Bloom. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AF) |
| This case has been opened in the Eastern District of New York. If you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (AF) |
| Filing 1 NOTICE OF REMOVAL by Lionel Fraser from Supreme Court of the State of New York, County of Queens, case number 713998/2023. ( Filing fee $ 405 receipt number ANYEDC-17394745) (Attachments: #1 Exhibit, #2 Exhibit, #3 Civil Cover Sheet, #4 Proposed Summons) (Hertzig, Regina) |
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