Sinclair v. Vianca Caba

Background

Defendant removed this action to federal court on April 25, 2025, under 28 U.S.C. § 1441(b). The court explained that 28 U.S.C. § 1446 requires a defendant removing a civil action to file a notice of removal in federal court, give written notice of the removal to all opposing parties, and file a copy of the notice with the state court.

On the day of removal, Defendant filed an affidavit of service for the notice of removal, a required procedural statement, and a civil cover sheet. The affidavit stated that Defendant served Plaintiff by filing the notice of removal in New York County Supreme Court. More than 30 days later, Plaintiff had not appeared in the federal case.

Court’s Order

The court ordered Defendant to file a letter by June 12, 2025, explaining why filing the notice of removal with the state court was sufficient to satisfy the separate requirement that Defendant give written notice of removal to all opposing parties.

The court reminded the parties that failure to comply with the order, the Federal Rules of Civil Procedure, the Southern District of New York’s local rules, the judge’s individual practice rules, or discovery and other obligations could result in sanctions. The listed possible sanctions included monetary penalties, dismissal or preclusion of claims or defenses, and preclusion of arguments or evidence.

The order did not determine whether Defendant had complied with the notice requirement, whether the removal was valid, or the merits of any underlying claims.