Background
A notice of removal initiates the process of transferring a civil action from a state court to a federal court. The United States Code imposes several requirements that must be met for removing a case from state court to federal court.
In accordance with 28 U.S.C. § 1446, state courts do not adjudicate whether a civil action can be properly removed — once a party has filed a notice of removal, jurisdiction is transferred automatically and immediately by operation of law from the state court to the federal court. Any objection to removal must be presented before the federal court.
How to Structure the Motion
An action may be removed to federal court if the federal court has original jurisdiction under 28 U.S.C. § 1332. Specifically, it may be removed to federal court (pursuant to 28 U.S.C. § 1441(a) if original jurisdiction is established through the following: (1) it is a civil action with diversity of citizenship; and (2) the amount in controversy exceeds $75,000.
Federal jurisdiction exists on grounds of diversity under 28 U.S.C. § 1332(a)(1), so long as the controversy is between citizens of different states (for example, the plaintiff and defendant are corporations that have been incorporated in two different states), and the alleged damages sought are in excess of $75,000.
Under 28 U.S.C. § 1332(a), the amount in controversy must exceed the sum of $75,000 exclusive of interest and cost.
An action may also be removed to federal court if there is “federal question” jurisdiction over the action under 28 U.S.C. § 1331 and 1338(a) — in other words, jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.
If no defendants have answered the Complaint — and if the action is in its early stages — the Notice of Removal causes no undue prejudice and is not dilatory, as the plaintiff can simply dismiss the case and refile in federal court.
All defendants must consent to removal. If all defendants do not consent to removal, then the plaintiff can request remand for failure to satisfy the rule of unanimity.
Pursuant to 28 U.S.C. § 1441(b)(2), “a civil action otherwise removable solely on the basis of jurisdiction under section 1332(a) of this title may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.”
Timeline
Pursuant to 28 U.S.C. §1446(b), a Notice of Removal is timely if it is filed within 30 days of the receipt of the initial pleading (setting forth the claim for relief) by the defendant.
Pursuant to 28 U.S.C. §1446(d), a true and correct copy of the Notice of Removal must be filed promptly with the Clerk of Court, and notice of the same must also be given to opposing counsel.
Recent Documents on Notice of Removal
FILED: RENSSELAER COUNTY CLERK 01/04/2021 02:37 PM INDEX NO. EF2021-267827
NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 01/04/2021
1 SUPREME COURT OF NEW YORK
2 COUNTY OF RENSSELAER
3
4 Michele Gray,
...
FILED: RENSSELAER COUNTY CLERK 01/04/2021 02:37 PM INDEX NO. EF2021-267827
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 01/04/2021
1 SUPREME COURT OF NEW YORK
2 COUNTY OF RENSSELAER
3
4 Michele Gray,
...
FILED: NASSAU COUNTY CLERK 12/15/2020 10:47 AM INDEX NO. 605985/2020
NYSCEF DOC. NO. 81Case 1:20-cv-04612-JPC Document 31 Filed 12/11/20 Page 1 of 27NYSCEF:
RECEIVED 12/15/2020
UNITED STATES DISTRICT COURT
SOUTHE...
FILED: KINGS COUNTY CLERK 11/09/2020 04:19 PM INDEX NO. 518184/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 11/09/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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LUI...
FILED: QUEENS COUNTY CLERK 11/03/2020 10:29 AM INDEX NO. 715959/2020
NYSCEF DOC. NO. 23 RECEIVED NYSCEF: 11/03/2020
SUPREME COURT OF THE STATE OF NEW YORK Index No. 71595/2020
COUNTY OF QUEENS
__ ..----...
CD Cullen Dykman
100 Quentin Roosevelt Boulevard
Garden City,NY 11530
T: 516.357.3700
...
FILED: NEW YORK COUNTY CLERK 10/15/2020 01:57 PM INDEX NO. 654890/2020
NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 10/15/2020
SUPREME COURT OF THE STATE OF NEW YORK
NEW YORK COUNTY
PRESENT: HON. JOEL ...
FILED: NEW YORK COUNTY CLERK 10/05/2020 10:11 AM INDEX NO. 158184/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/05/2020
IN THE SUPREME COURT OF THE STATE OF
NEW YORK
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FILED: QUEENS COUNTY CLERK 09/16/2020 09:55 AM INDEX NO. 715959/2020
NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 09/16/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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FILED: SUFFOLK COUNTY CLERK 09/04/2020 10:37 AM INDEX NO. 612331/2020
NYSCEF DOC. NO. 2 Case 1:20-cv-02157 Document 1 Filed 03/10/20 Page 1 of 56
RECEIVED NYSCEF: 09/04/2020
UNITED STATÈS DISTRICT COURT
...
FILED: CATTARAUGUS COUNTY CLERK 08/21/2020 04:16 PM INDEX NO. 88417
NYSCEF DOC. NO. 39 RECEIVED NYSCEF: 08/21/2020
STATE OF NEW YORK
SUPREME COURT : COUNTY OF CATTARAUGUS
______________________________________________
PORTVILL...
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Date
Aug 21, 2020
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Judge
Emilio Colaiacovo
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County
Cattaraugus County, NY
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Case #
(Subscribe to View)
FILED: KINGS COUNTY CLERK 08/19/2020 06:37 PM INDEX NO. 510992/2020
NYSCEF DOC. NO. 2 RECEIVED NYSCEF: 08/19/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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FILED: MONROE COUNTY CLERK 08/13/2020 09:51 PM INDEX NO. E2019000908
NYSCEF DOC. NO. 72 RECEIVED NYSCEF: 08/13/2020
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
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FILED: MONROE COUNTY CLERK 08/13/2020 09:51 PM INDEX NO. E2019000908
NYSCEF DOC. NO. 73 RECEIVED NYSCEF: 08/13/2020
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
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FILED: NEW YORK COUNTY CLERK 08/12/2020 10:59 PM INDEX NO. 950250/2019
NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 08/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KAJA SOKOLA., Index No....
FILED: NEW YORK COUNTY CLERK 08/12/2020 10:59 PM INDEX NO. 950250/2019
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/12/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
KAJA SOKOLA., Index No....
FILED: MONROE COUNTY CLERK 08/11/2020 03:13 PM INDEX NO. E2019000908
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 08/11/2020
MONROE COUNTY CLERK’S OFFICE THIS IS NOT A BILL. THIS IS YOUR RECEIPT.
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Tomas B. Lim
Counsel
[email protected]
7 Ridgedale Avenue
Cedar Knolls, New Jersey 07927
...
FILED: RICHMOND COUNTY CLERK 08/07/2020 03:31 PM INDEX NO. 150337/2020
NYSCEF DOC. NO. 88 RECEIVED NYSCEF: 08/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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FILED: RICHMOND COUNTY CLERK 08/07/2020 03:29 PM INDEX NO. 150337/2020
NYSCEF DOC. NO. 87 RECEIVED NYSCEF: 08/07/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF RICHMOND
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FILED: SUFFOLK COUNTY CLERK 08/06/2020 03:10 PM INDEX NO. 604589/2020
NYSCEF DOC. NO. 21 RECEIVED NYSCEF: 08/06/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
JOHN STUART HERMAN
...
FILED: QUEENS COUNTY CLERK 08/04/2020 05:03 PM INDEX NO. 707928/2019
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 08/04/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF QUEENS
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FILED: KINGS COUNTY CLERK 08/03/2020 03:34 PM INDEX NO. 502689/2020
NYSCEF DOC. NO. 6 RECEIVED NYSCEF: 08/03/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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FILED: KINGS COUNTY CLERK 07/29/2020 09:05 PM INDEX NO. 521027/2019
NYSCEF DOC. NO. 20 RECEIVED NYSCEF: 07/29/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF KINGS
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Date
Jul 29, 2020
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Judge
Richard Velasquez Pt 66
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County
Kings County, NY
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Case #
(Subscribe to View)
INDEX NO. 153040/2020
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/28/2020
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
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