State of New York v. International Joint Commission
| State of New York |
| International Joint Commission |
| 1:2020cv00135 |
| February 7, 2020 |
| US District Court for the Northern District of New York |
| David N Hurd |
| Daniel J Stewart |
| Torts to Land |
| 28 U.S.C. ยง 1446 Notice of Removal |
| None |
Docket Report
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Filing 3
TEXT ORDER: Defendant International Joint Commission removed this action from Supreme Court, Monroe County, using the procedure outlined in 28 U.S.C. 1441. As relevant here, 1441(a) directs that a defendant seeking to remove a state-court action to a federal district court shall file certain necessary papers in the district court of the United States for the district and division within which such action is pending. According to defendants notice of removal, venue is proper here in the Northern District of New York because this district encompasses the Supreme Court of the State of New York for the County of Monroe. Notice of Removal 14. However, Monroe County is situated within the Western District of New York. See 28 U.S.C. 112(d). Because the statutory procedures for removal are to be strictly construed, Syngenta Crop Protection, Inc. v. Henson, 537 U.S. 28, 32 (2002), this case must be remanded to Supreme Court, Monroe County. See, e.g., Williams v. City of N.Y., 2019 WL 6841554, at *1 (S.D.N.Y. Dec. 13, 2019) (A federal district court may sua sponte remand an action within 30 days of the filing of the notice of removal for a procedural defect, or at any time for a lack of subject matter jurisdiction.). The Clerk of the Court is directed to send a copy of this order to that court and to close the action under this docket number. So Ordered by Judge David N. Hurd on 2/10/2020. (Copy served upon New York State Supreme Court, Monroe County via regular mail on 2/10/2020)(see)
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| Filing 2 STATE COURT COMPLAINT filed by International Joint Commission. (khr) |
| Filing 1 NOTICE OF REMOVAL from NYS Supreme Court - County of Monroe, case number E2019010865 (Filing fee $400 receipt number ANYNDC-5023889) filed by International Joint Commission. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(khr) |
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| Defendant: International Joint Commission | |
| Represented By: | Daniel Aaron Eisenberg |
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| Plaintiff: State of New York | |
| Represented By: | Matthew J. Sinkman |
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