What is a Notice of Removal?

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

1-25 of 2006 results

PETITION

FILED: KINGS COUNTY CLERK 04/02/2021 12:30 PM INDEX NO. 507849/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X ROSALI

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

FILED: KINGS COUNTY CLERK 12/21/2020 10:52 AM INDEX NO. 523453/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - --- ---------- --- - ------- ---------

SUPPORTING PAPERS TO MOTION (Motion #002) - Opinion and Order from SDNY ...

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 SOUTHERN

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) - Attorney A...

FILED: ERIE COUNTY CLERK 12/14/2020 04:03 PM INDEX NO. 815173/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/14/2020 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE ---------------------------------------------------------- SHERRY JONES,

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

FILED: NEW YORK COUNTY CLERK 12/11/2020 03:51 PM INDEX NO. 151119/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/11/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ X VANES

STIPULATION - SO ORDERED

FILED: NEW YORK COUNTY CLERK 12/10/2020 09:10 AM INDEX NO. 155251/2020 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART 48 THE LIGHTSTONE GROUP, LLC, LIGHTSTONE ACQUISITIONS III, LLC, and

NOTICE OF APPEAL *Corrected* - o/b/o THE BRONX LEBANON HOSPITAL CENTER

FILED: BRONX COUNTY CLERK 12/02/2020 11:21 AM INDEX NO. 310425/2011E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x SARAH ADAMS, a

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #1) - of Michae...

FILED: ERIE COUNTY CLERK 11/30/2020 10:12 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/30/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY ALLEN,et al, Index No. 814261/2020

STIPULATION - OTHER - ( REQUEST TO SO ORDER ) - 2020.11.30_Stipulation r...

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART 48 THE LIGHTSTONE GROUP, LLC, LIGHTSTONE ACQUISITIONS III, LLC, and LSG 365 BOND STREET, LLC, Index No.: 155251/2020 Plaintiffs, Hon. Andrea Masley -against-

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #1) - of Michae...

FILED: ERIE COUNTY CLERK 11/30/2020 10:12 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/30/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY ALLEN,et al, Index No. 814261/2020

FEDERAL COURT ORDER (COPY)

FILED: NASSAU COUNTY CLERK 11/24/2020 02:39 PM INDEX NO. 610031/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/24/2020 of Feastern District New York - LIVE Database 1.5 (Revision https://nyed-ecf.sso.den/cgi-bin/DktRpt.p!?921201892993444-L_1_0-1

ANSWER WITH COUNTER-CLAIM(S)

FILED: NASSAU COUNTY CLERK 11/23/2020 10:11 AM INDEX NO. 605414/2020 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PREFERRED CONTRACTORS INSURANCE

MEMORANDUM OF LAW IN SUPPORT (Motion #001) - Memorandum of Law in Suppor...

FILED: NEW YORK COUNTY CLERK 11/20/2020 08:12 PM INDEX NO. 159731/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARLA CRAWFORD, Plaintiff,

STATEMENT OF MATERIAL FACTS

FILED: NEW YORK COUNTY CLERK 11/14/2020 12:50 AM INDEX NO. 150902/2020 NYSCEF DOC. NO. 100

PETITION - Verified Petition

FILED: ERIE COUNTY CLERK 11/09/2020 12:59 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/09/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _______________________________________________ TIMOTHY ALLEN, BEV

ANSWER

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 ----------------------------------------------------------------------X LUIS E

MEMORANDUM OF LAW IN SUPPORT - Petitioners' Motion for a TRO and Prelimi...

FILED: ERIE COUNTY CLERK 11/09/2020 12:59 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/09/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _______________________________________________ TIMOTHY ALLEN, BEV

FEDERAL COURT ORDER (COPY)

FILED: BRONX COUNTY CLERK 11/05/2020 11:35 AM INDEX NO. 28187/2020E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/05/2020 ECF U.

LETTER / CORRESPONDENCE TO JUDGE 2020.11.05_Letter from Wurtzel, J., to ...

Joshua Wurtzel 26 Broadway, New York, NY 10004 [email protected] Main: 212 344-5400 Fax: 212 344-7677 schlamstone.com November 5, 2020 BY NYSCEF AND E-MAIL

LETTER / CORRESPONDENCE TO JUDGE - Request PC Removal from Calendar due ...

CD Cullen Dykman 100 Quentin Roosevelt Boulevard Garden City,NY 11530 T: 516.357.3700

FEDERAL COURT ORDER (COPY)

FILED: BRONX COUNTY CLERK 11/02/2020 12:14 PM INDEX NO. 30732/2020E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/02/2020 LA_ U.S.

MEMORANDUM OF LAW IN OPPOSITION

FILED: NEW YORK COUNTY CLERK 10/30/2020 02:05 PM INDEX NO. 652628/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X QUANZHO

SUMMONS + COMPLAINT

FILED: WESTCHESTER COUNTY CLERK 10/21/2020 11:10 AM INDEX NO. 63264/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X

MEMORANDUM AND ORDER

FILED: QUEENS COUNTY CLERK 10/19/2020 10:30 AM INDEX NO. 715658/2020 NYSCEF DOC. NO. 8 M)Es No RECEIVED W538 NYSCEF: 10/19/2020

DECISION + ORDER ON MOTION

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 M.

1 2 3 4 5 6 7 8 9 10 ... 81     last » 

Recent Documents

1-25 of 2006 results

PETITION

FILED: KINGS COUNTY CLERK 04/02/2021 12:30 PM INDEX NO. 507849/2021 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 04/02/2021 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS --------------------------------------------------------------------X ROSALI

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION

FILED: KINGS COUNTY CLERK 12/21/2020 10:52 AM INDEX NO. 523453/2020 NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF KINGS - --- ---------- --- - ------- ---------

SUPPORTING PAPERS TO MOTION (Motion #002) - Opinion and Order from SDNY ...

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 SOUTHERN

AFFIDAVIT OR AFFIRMATION IN SUPPORT OF MOTION (Motion #003) - Attorney A...

FILED: ERIE COUNTY CLERK 12/14/2020 04:03 PM INDEX NO. 815173/2020 NYSCEF DOC. NO. 45 RECEIVED NYSCEF: 12/14/2020 STATE OF NEW YORK SUPREME COURT: COUNTY OF ERIE ---------------------------------------------------------- SHERRY JONES,

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

FILED: NEW YORK COUNTY CLERK 12/11/2020 03:51 PM INDEX NO. 151119/2020 NYSCEF DOC. NO. 42 RECEIVED NYSCEF: 12/11/2020 SUPREME COURT STATE OF NEW YORK COUNTY OF NEW YORK ------------------------------------------------------------------------ X VANES

STIPULATION - SO ORDERED

FILED: NEW YORK COUNTY CLERK 12/10/2020 09:10 AM INDEX NO. 155251/2020 NYSCEF DOC. NO. 30 RECEIVED NYSCEF: 12/09/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART 48 THE LIGHTSTONE GROUP, LLC, LIGHTSTONE ACQUISITIONS III, LLC, and

NOTICE OF APPEAL *Corrected* - o/b/o THE BRONX LEBANON HOSPITAL CENTER

FILED: BRONX COUNTY CLERK 12/02/2020 11:21 AM INDEX NO. 310425/2011E NYSCEF DOC. NO. 8 RECEIVED NYSCEF: 12/02/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF BRONX x SARAH ADAMS, a

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #1) - of Michae...

FILED: ERIE COUNTY CLERK 11/30/2020 10:12 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 40 RECEIVED NYSCEF: 11/30/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY ALLEN,et al, Index No. 814261/2020

STIPULATION - OTHER - ( REQUEST TO SO ORDER ) - 2020.11.30_Stipulation r...

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK: IAS PART 48 THE LIGHTSTONE GROUP, LLC, LIGHTSTONE ACQUISITIONS III, LLC, and LSG 365 BOND STREET, LLC, Index No.: 155251/2020 Plaintiffs, Hon. Andrea Masley -against-

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION (Motion #1) - of Michae...

FILED: ERIE COUNTY CLERK 11/30/2020 10:12 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 44 RECEIVED NYSCEF: 11/30/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE TIMOTHY ALLEN,et al, Index No. 814261/2020

FEDERAL COURT ORDER (COPY)

FILED: NASSAU COUNTY CLERK 11/24/2020 02:39 PM INDEX NO. 610031/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 11/24/2020 of Feastern District New York - LIVE Database 1.5 (Revision https://nyed-ecf.sso.den/cgi-bin/DktRpt.p!?921201892993444-L_1_0-1

ANSWER WITH COUNTER-CLAIM(S)

FILED: NASSAU COUNTY CLERK 11/23/2020 10:11 AM INDEX NO. 605414/2020 NYSCEF DOC. NO. 10 RECEIVED NYSCEF: 11/23/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU PREFERRED CONTRACTORS INSURANCE

MEMORANDUM OF LAW IN SUPPORT (Motion #001) - Memorandum of Law in Suppor...

FILED: NEW YORK COUNTY CLERK 11/20/2020 08:12 PM INDEX NO. 159731/2020 NYSCEF DOC. NO. 11 RECEIVED NYSCEF: 11/20/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK MARLA CRAWFORD, Plaintiff,

STATEMENT OF MATERIAL FACTS

FILED: NEW YORK COUNTY CLERK 11/14/2020 12:50 AM INDEX NO. 150902/2020 NYSCEF DOC. NO. 100

PETITION - Verified Petition

FILED: ERIE COUNTY CLERK 11/09/2020 12:59 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 11/09/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _______________________________________________ TIMOTHY ALLEN, BEV

ANSWER

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 ----------------------------------------------------------------------X LUIS E

MEMORANDUM OF LAW IN SUPPORT - Petitioners' Motion for a TRO and Prelimi...

FILED: ERIE COUNTY CLERK 11/09/2020 12:59 PM INDEX NO. 814261/2020 NYSCEF DOC. NO. 22 RECEIVED NYSCEF: 11/09/2020 STATE OF NEW YORK SUPREME COURT : COUNTY OF ERIE _______________________________________________ TIMOTHY ALLEN, BEV

FEDERAL COURT ORDER (COPY)

FILED: BRONX COUNTY CLERK 11/05/2020 11:35 AM INDEX NO. 28187/2020E NYSCEF DOC. NO. 7 RECEIVED NYSCEF: 11/05/2020 ECF U.

LETTER / CORRESPONDENCE TO JUDGE 2020.11.05_Letter from Wurtzel, J., to ...

Joshua Wurtzel 26 Broadway, New York, NY 10004 [email protected] Main: 212 344-5400 Fax: 212 344-7677 schlamstone.com November 5, 2020 BY NYSCEF AND E-MAIL

LETTER / CORRESPONDENCE TO JUDGE - Request PC Removal from Calendar due ...

CD Cullen Dykman 100 Quentin Roosevelt Boulevard Garden City,NY 11530 T: 516.357.3700

FEDERAL COURT ORDER (COPY)

FILED: BRONX COUNTY CLERK 11/02/2020 12:14 PM INDEX NO. 30732/2020E NYSCEF DOC. NO. 17 RECEIVED NYSCEF: 11/02/2020 LA_ U.S.

MEMORANDUM OF LAW IN OPPOSITION

FILED: NEW YORK COUNTY CLERK 10/30/2020 02:05 PM INDEX NO. 652628/2020 NYSCEF DOC. NO. 26 RECEIVED NYSCEF: 10/30/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK ----------------------------------------------------------------X QUANZHO

SUMMONS + COMPLAINT

FILED: WESTCHESTER COUNTY CLERK 10/21/2020 11:10 AM INDEX NO. 63264/2020 NYSCEF DOC. NO. 1 RECEIVED NYSCEF: 10/21/2020 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF WESTCHESTER --------------------------------------------------------------------X

MEMORANDUM AND ORDER

FILED: QUEENS COUNTY CLERK 10/19/2020 10:30 AM INDEX NO. 715658/2020 NYSCEF DOC. NO. 8 M)Es No RECEIVED W538 NYSCEF: 10/19/2020

DECISION + ORDER ON MOTION

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 M.

1 2 3 4 5 6 7 8 9 10 ... 81     last » 

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