Alaimo v. Miller
- Nathanael Cousins
- 5:21-cv-06329
- U.S. District Court · Northern District of California
- 2
In Alaimo v. Miller, Judge Cousins ordered plaintiff Alaimo to explain why his removed case should not be remanded because plaintiffs cannot remove cases.
Anthony Marcus Alaimo, whose removal of the case from state court was challenged; Steven M. Miller was the named defendant.
What happened
In Alaimo v. Miller, Anthony Marcus Alaimo removed a case from Santa Clara County Superior Court to federal court. He cited the federal removal statute.
The court explained that this statute allows only a defendant to remove a civil case. Because Alaimo filed the original complaint and chose the state court, the court said he could not later remove the case to federal court.
Judge Nathanael M. Cousins ordered Alaimo to show in writing by September 23, 2021, why the case should not be sent back to state court. The order did not itself remand the case.
The detailed version
- Alaimo v. Miller · No. 5:21-cv-06329
- Nathanael Cousins
- Aug. 24, 2021
Background
Anthony Marcus Alaimo removed the case from Santa Clara County Superior Court on August 17, 2021. In his removal notice, he cited 28 U.S.C. § 1446(a), the federal statute governing removal of civil actions from state court to federal court.
Court’s Analysis
The court explained that § 1446(a) allows “a defendant or defendants” to remove a case. It stated that a plaintiff who chose the original forum cannot later change that choice and remove the case to federal court. Although Alaimo called himself “Defendant” in one part of the filing, the court noted that he referred to himself as “Plaintiff” elsewhere and that he was the person who filed the original complaint and chose the state forum.
Ruling
Judge Nathanael M. Cousins ordered Alaimo to show cause in writing by September 23, 2021, why the case should not be remanded, meaning returned, to state court. The order required an explanation but did not itself remand the case.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.