Zaccaria-Becker v. National Railroad Passenger Corporation d/b/a Amtrak

Background

The defendants filed a notice of removal on May 15, 2024, seeking to move the case from state court to federal court. The court later ordered the defendants to file state-court docket documents that were missing from the notice of removal. The defendants did not file those documents by the first deadline or by a second deadline.

The second order also required the defendants to serve the plaintiffs with a copy of that order and file proof of service. The defendants did not file proof of service, and the plaintiffs did not appear in the federal action. The court had warned that the case could be dismissed for failure to prosecute if the plaintiffs did not appear by June 17, 2024.

Court’s Analysis

Federal law generally requires a defendant to remove a case within 30 days after receiving the initial pleading or, in some circumstances, within 30 days after receiving a later document showing that the case has become removable. A federal district court may remand a case—that is, return it to state court—for a procedural defect within 30 days after the notice of removal is filed.

The court found that the defendants’ notice of removal was procedurally defective. Although the notice stated that removal was timely, it did not include state-court filings showing when the defendants were served with the complaint. The defendants twice failed to provide the documents despite the court’s orders.

Disposition

The court ordered that the matter be remanded to state court. The clerk was directed to close the federal case and mail a certified copy of the order to the Supreme Court of the State of New York, New York County, under 28 U.S.C. § 1447(c).