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 on Notice of Removal

1-25 of 1963 results

COMPLAINT

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, ...

COMPLAINT

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, ...

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 SOUTHE...

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 LUI...

ANSWER This is a duplicated filing of Defendant's Opposition /Cross Moti...

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 __ ..----...

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 ...

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 ...

SUMMONS + COMPLAINT

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 ...

SUMMONS AND 3213 MOTION W/ RJI

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 ------------------------ ------------...

COMPLAINT *Corrected* - Complaint filed in the Southern District of New ...

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 ...

MEMORANDUM OF LAW IN OPPOSITION (Motion #15) - PLAINTIFF'S MEMORANDUM OF...

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...

ANSWER

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 -----------------------------------------------------------------X ...

STIPULATION - SO ORDERED

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. ...

STIPULATION - SO ORDERED

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. ...

MEMORANDUM OF LAW IN SUPPORT

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....

AFFIDAVIT OR AFFIRMATION IN SUPPORT

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....

STIPULATION - OTHER - ( REQUEST TO SO ORDER ) - Stipulation and Order

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. ...

LETTER / CORRESPONDENCE TO JUDGE - Letter to court re removed to federal...

Tomas B. Lim Counsel [email protected] 7 Ridgedale Avenue Cedar Knolls, New Jersey 07927 ...

MEMORANDUM OF LAW IN OPPOSITION

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 - -- - - -- - - -- ------ ------ - - -- - -- - - ...

MEMORANDUM OF LAW IN OPPOSITION

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 - -- - - -- - - -- ------ ------ - - -- - -- - - ...

AFFIDAVIT OR AFFIRMATION IN OPPOSITION TO MOTION

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 ...

COMPLAINT (AMENDED)

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 ---------------------------------------------------------...

AFFIDAVIT OR AFFIRMATION IN SUPPORT

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 ----------------------------------------------------------...

STIPULATION - WITHDRAWING MOTION/ORDER TO SHOW CAUSE (Motion #1) - Notic...

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 -------------------------------------------------...

PETITION (AMENDED) - Amended Verified Petition

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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