Link Funding LLC v. Metro Air Services Inc.
- Analisa Torres
- 1:24-cv-05003
- U.S. District Court · Southern District of New York
- 1
In Link Funding v. Metro Air Services, Judge Torres remanded the case because it was removed to the wrong federal district.
Link Funding LLC and the defendants named in the action: Metro Air Services Inc., H & H Air Cargo, Inc., H & H Air Cargo Inc., Metro Air Services, and April Sue Schneider.
What happened
In Link Funding LLC v. Metro Air Services Inc., the defendants moved the case from New York state court in Monroe County to the Southern District of New York.
The court ruled that removal was improper because Monroe County is in the Western District of New York, so the case should have been sent there rather than to the Southern District.
Judge Analisa Torres remanded the action to the Supreme Court of the State of New York, Monroe County, directed the clerk to send that court the order, and closed the federal case.
The detailed version
- Link Funding LLC v. Metro Air Services Inc. · No. 1:24-cv-05003
- Analisa Torres
- July 3, 2024
Background
Defendants removed the action from the Supreme Court of the State of New York, Monroe County, to the U.S. District Court for the Southern District of New York on July 1, 2024. Federal law permits removal of a state-court action only when the federal court has original jurisdiction and the case is removed to the federal district covering the place where the state action is pending.
Court’s Analysis
The court held that removal was improper under 28 U.S.C. § 1441(a). Monroe County is in the Western District of New York, not the Southern District of New York. The court therefore did not allow the action to remain in the Southern District.
Ruling
Judge Analisa Torres remanded the action to the Supreme Court of the State of New York, Monroe County. The clerk was directed to send a copy of the order to that court and close the federal case.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.