MALDONADO
v.
NASSAU COUNTY SHERIFFS OFFICE
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The court held that the removal was timely and proper, denying the plaintiff's motion to remand.
Plaintiff filed a complaint in state court alleging constitutional rights violations. Defendant removed the case to federal court, and other defendant…
The full statement of facts, procedural history, and disposition for this case are member content.
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Section 1441(a) authorizes a defendant to seek removal of a lawsuit originally brought in state court when the federal court has jurisdiction over the cause of action. See 28 U.S.C. § 1441(a).
Section 1446 describes the appropriate removal procedure, and requires the defendant seeking removal to file in the appropriate federal district court a timely notice of removal stating the grounds for removal. See 28 U.S.C. § 1446(a).
In order to be timely, a defendant must file the notice of removal within thirty days after the receipt by the defendant (through service or otherwise) of a copy of the initial pleading setting forth the claim(s) for relief upon which the action is based. See 28 U.S.C. § 1446(b).
When a civil action is removed under § 1441(a), all properly joined and served defendants must consent to the removal of the action. See 28 U.S.C. § 1446(b)(2)(A); Bailey v. Janssen Pharmaceutica, Inc., 536 F. 3d 1202, 1207 (11th Cir. 2008) (“The unanimity rule requires that all defendants consent to and join a notice of removal in order for it to be effective.”) (citation omitted).
In cases with multiple defendants who were served on different dates, the thirty-day period to petition for removal or consent to removal runs from the date on which the last defendant was served. Bailey, 536 F. 3d at 1205.
Section 1447(c) provides that “[a] motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction must be made within 30 days after the filing of the notice of removal under section 1446(a).” 28 U.S.C. § 1447(c).
Notably, removal statutes are to be strictly construed, and “uncertainties as to removal jurisdiction are to be resolved in favor of remand.” Bailey, 536 F. 3d at 1207 (quoting Russell Corp. v. Am. Home Assur. Co., 264 F. 3d 1040, 1050 (11th Cir. 2001)).
Maldonado’s Complaint, filed in state court on June 9, 2020, was served on Defendant Waters on August 7, 2020, see Notice of Removal (Doc. 1), filed August 26, 2020; State-court Docket (Doc. 1-2 at 1), and on Defendants Nassau County Sheriff’s Office, Jail and Detention Center, and Captain Deluca on August 26, 2020, see Notice of Consent to Removal (Doc. 5), filed September 2, 2020. Defendant Waters filed a Notice of Removal on August 26, 2020, and Defendants Nassau County Sheriff’s Office, Jail and Detention Center, and Captain Deluca filed a Notice of Consent to Removal on September 2, 2020, well within the required thirty-day period. Because Maldonado is not entitled to the relief he seeks under § 1447(c), his Motion to Remand (Doc. 9) is due to be denied. In consideration of the foregoing, it is now ORDERED: Plaintiff's Motion to Remand (Doc. 9) is DENIED. DONE AND ORDERED at Jacksonville, Florida, this 30th day of September, 2020.
United States District Judge sc 9/30 C: Hamza Maldonado Counsel of Record
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Citator
Authorities Cited
- Russell Corp. v. Am. Home Assurance Co., 264 F.3d 1040 (11th Cir. 2001)
- Bailey v. Janssen Pharmaceutica, Inc., 536 F.3d 1202 (11th Cir. 2008)