Starr Indemnity & Liability Company v. Philadelphia Indemnity Insurance Company
- Paul Engelmayer
- 1:24-cv-07001
- U.S. District Court · Southern District of New York
- 2
In Starr Indemnity & Liability Company v. Philadelphia Indemnity Insurance Company, Judge Engelmayer granted withdrawal, denied remand as moot, and returned the case to state court.
Starr Indemnity & Liability Company and Philadelphia Indemnity Insurance Company; the case was returned from federal court to New York State Supreme Court, New York County.
What happened
Starr Indemnity & Liability Company v. Philadelphia Indemnity Insurance Company began in New York state court before Philadelphia Indemnity removed it to federal court based on diversity of citizenship. Philadelphia Indemnity removed the case on September 16, 2024, but did not serve the removal notice on Starr or the state court until October 16.
Starr asked the federal court to send the case back because Philadelphia Indemnity had not given prompt notice of the removal. Philadelphia Indemnity then asked to withdraw its removal notice and said it did not oppose Starr’s request.
Judge Paul A. Engelmayer granted Philadelphia Indemnity’s motion to withdraw its removal notice and denied Starr’s remand motion as moot. He ordered the case returned to New York State Supreme Court, New York County, and directed the federal clerk to close the federal case.
The detailed version
- Starr Indemnity & Liability Company v. Philadelphia Indemnity Insurance Company · No. 1:24-cv-07001
- Paul Engelmayer
- Oct. 18, 2024
Background
Philadelphia Indemnity removed the case from New York State Supreme Court, New York County, to the U.S. District Court for the Southern District of New York on September 16, 2024. It asserted federal subject-matter jurisdiction based on diversity of citizenship. The federal court scheduled an initial pretrial conference for October 31, 2024.
Motions
Starr moved under 28 U.S.C. § 1447(c) to remand, meaning to return, the case to state court. Starr argued that Philadelphia Indemnity violated 28 U.S.C. § 1446(d) by failing to promptly serve the notice of removal on Starr and the state court. Philadelphia Indemnity acknowledged that it did not serve the notice until October 16, 2024.
Philadelphia Indemnity then moved to withdraw its notice of removal and informed the court that it did not oppose Starr’s remand motion.
Ruling
The court granted Philadelphia Indemnity’s motion to withdraw its notice of removal. It denied Starr’s motion for remand as moot, meaning the court found that motion no longer required a ruling because the removal notice had been withdrawn. The court remanded the case to New York State Supreme Court, New York County, under index number 653853/2024, directed the federal clerk to return the file, and closed the federal case. The opinion does not decide the underlying dispute between the parties.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.