Ward v. Moore et al
| Kareem Ward |
| Charlette Moore, ACS Administration, Social Security Administration and Kings County Hospital |
| 1:2024cv02680 |
| April 10, 2024 |
| US District Court for the Eastern District of New York |
| LaShann DeArcy Hall |
| Cheryl L Pollak |
| Other Statutory Actions |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
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Order of Remand to State Court. For the forgoing reasons, this case is REMANDED to the Supreme Court of Kings County, New York, under Index No. 676/2020. Ordered by Judge LaShann DeArcy Hall on 5/17/2024. A certified copy of the NEF Order dtd. 5/17/2024 mailed to New York State Supreme Court, Kings County, 306 Adams Street, #4, Brooklyn, NY 11201, ATTN: Index No. 676/2020. (MLR)
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ORDER: Plaintiff Kareem Ward, proceeding pro se, brought this matter in Kings County Supreme Court on March 10, 2020. In a November 1, 2021 Decision and Order, that court dismissed the case. On April 10, 2024, Defendants filed a notice of removal to this Court. (See ECF No. 1.). Defendants seek a motion to dismiss, citing the Kings County Supreme Courts Decision and Order. That procedure was improper.A defendant may remove a civil action from state to federal court if that defendant complies with the procedures established in 28 U.S.C. 144152. "A case that has been removed other than in accordance with the requirements of the removal statute should be remanded to state court." Murray v. Deer Park Union Free Sch. Dist., 154 F. Supp. 2d 424, 425 (E.D.N.Y. 2001). Defendants carry the burden of establishing proper removal. Id. Defendants have not met their burden for two reasons, both of which Defendants readily concede. First, this case was not properly removed because the notice of removal was not filed within the required period of time. A defendant seeking removal of a civil action from state court must file a notice of removal within 30 days after receiving the initial pleadings. 28 U.S.C. 1446(b). Failure to file within the 30-day filing period renders a removal petition void. See Nicola Prod. Corp. v. Showart Kitchens, Inc., 682 F. Supp. 171, 17273 (E.D.N.Y. 1998) (noting that the 30-day filing requirement "has been interpreted strictly, for reasons of comity and the reluctance to interfere with a plaintiff's right to choose his own forum"). Defendants admit that this case commenced in state court on March 10, 2020. Defendants filed their notice of removal on April 10, 2024, nearly four years later. The notice is therefore woefully untimely.Second, Defendants attempt to remove a state action that has already been dismissed. The Kings County Supreme Courts Decision and Order is a final judgment that cannot be removed to this Court to litigate any of the issues already decided by the state court. See Four Keys Leasing & Maint. Corp. v. Simithis, 849 F.2d 770, 774 (2d Cir. 1988) (holding that granting permission to remove a case from a final state-court judgment would subject the judgment to relitigation and "would be a perversion of the removal process").For the forgoing reasons, this case is REMANDED. Defendants' request for leave to file a motion to dismiss #6 is DENIED as moot. The Clerk of the Court is respectfully directed to mail a copy of this Order to pro se Plaintiff and to close this case. Ordered by Judge LaShann DeArcy Hall on 5/17/2024. (CG) C/M to pltff. on 5/21/2024 (MLR).
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| Filing 6 Letter MOTION to Dismiss by ACS Administration. (Attachments: #1 Exhibit Amended Order to Show Cause, #2 Exhibit Decision and Order dismissing case, #3 Certificate of Service Certificate of Service) (Dantowitz, Jeffrey) |
| Filing 5 Mail- #2 with pro se registration document-sent to Kareem Ward-was Returned as Undeliverable:"RTS." (MLR) |
| Filing 4 Letter in removed action advising Court of (i) lack of state court complaint, and (ii) related dismissed action (Ward v. Social Security Administration, No. 23-cv-4034 (NRM) (LB)) by Social Security Administration (Francis, Kimberly) |
| Filing 3 NOTICE of Appearance by Kimberly Francis on behalf of Social Security Administration (notification declined or already on case) (Francis, Kimberly) |
| 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) |
| Filing 1 NOTICE OF REMOVAL by Social Security Administration from Supreme Court of the State of New York, County of Kings, case number Index No. 678/2020. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2) (AF) (Additional attachment(s) added on 4/10/2024: #4 Notice of Filing of Notice of Removal) (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) |
| Notice of Related Case: (as related 23-cv-4034) The Civil Cover Sheet filed in this civil action indicates a related case. (AF) |
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