Chassen v. Simpson
- Rearden
- 1:25-cv-02373
- U.S. District Court · Southern District of New York
- 4
In Chassen v. Simpson, Judge Rearden remanded the action to New York state court and declined attorneys’ fees and costs after defendants filed no objections.
The case returns to New York State Supreme Court, New York County. Chassen and 55 Manor LLC receive the requested remand but not attorneys’ fees or costs; the federal case is closed, and the defendants’ removal does not keep the action in federal court.
What happened
In Chassen v. Simpson, Jared Chassen, 55 Manor LLC, JJ Haverhill LLC, and JJ Tuscaloosa LLC sued Jeffrey Simpson and YJ Simco LLC over a real estate company owned by Chassen and Simpson. The case began in New York state court, but Simpson later moved it to federal court.
Chassen and 55 Manor LLC asked the federal court to send the case back to state court and to award them attorneys’ fees and costs. Simpson, who was representing himself, did not respond to the request and did not object to the magistrate judge’s recommendation. The recommendation advised sending the case back but denying fees and costs.
Judge Rearden found no clear error, adopted the recommendation, remanded the case to New York Supreme Court in New York County, and declined to award attorneys’ fees and costs. The federal court directed the clerk to close the case.
The detailed version
- Chassen v. Simpson · No. 1:25-cv-02373
- Rearden
- Aug. 25, 2025
Background
Jared Chassen, 55 Manor LLC, JJ Haverhill LLC, and JJ Tuscaloosa LLC sued Jeffrey Simpson and YJ Simco LLC concerning JJ Arch LLC, a real estate company owned by Chassen and Simpson. The plaintiffs originally filed the action in New York State Supreme Court, New York County, seeking to prevent Simpson from transferring certain assets to JJ Arch LLC. Simpson later removed the action to the federal district court. “Removal” is the process of moving a case from state court to federal court.
Chassen and 55 Manor LLC moved to remand the action, meaning they asked the federal court to return it to state court. They also sought attorneys’ fees and costs under 28 U.S.C. § 1447(c). Simpson, who initially acted without a lawyer, did not file a response to the remand motion. A magistrate judge recommended granting the remand motion but denying the request for fees and costs.
Review of the Recommendation
The magistrate judge’s Report and Recommendation gave the parties 14 days to object and warned that failing to object would waive objections and prevent appellate review. No party objected, and no one requested more time. Because there were no timely objections, the district court reviewed the recommendation for clear error, meaning an obvious mistake in the record. The court found no clear error and stated that the recommendation was well reasoned and supported by the facts and law.
Ruling
The court adopted the Report and Recommendation. It remanded the action to the New York State Supreme Court, New York County, and declined to award attorneys’ fees and costs. The clerk was directed to terminate all open motions, send the order to the state court and the defendants, and close the federal case.
Read the full 4-page opinion on CourtListener, the free public archive maintained by the Free Law Project.