Brummett v. Capital One Bank National Association

Background

Benjamin A. Brummett filed the action in New York State court on November 30, 2020, against Capital One Bank (USA), National Association, Trans Union, LLC, and Equifax Information Services, LLC. Trans Union was served with the complaint, summons, and other papers on January 18, 2021. Trans Union removed the case to the U.S. District Court for the Southern District of New York on January 22, 2021.

Removal-consent requirement

The court explained that, when a case is moved from state court to federal court, all defendants who were properly joined and served generally must join in or consent to the removal. The court also noted an exception for a defendant who had not been served when the removal papers were filed.

Trans Union’s notice of removal did not indicate that any other defendant had consented. It also stated only that Trans Union was the only defendant in the case as of the notice’s date, without indicating whether the remaining defendants had been served.

Order

The court ordered Trans Union to keep the court informed promptly after learning that the remaining defendants had been served. In any event, no later than thirty days after removal, Trans Union had to file a letter stating the status of service on the remaining defendants. Trans Union was also ordered to serve a copy of the order on all parties and file proof of service within two business days. The order did not decide whether removal was ultimately proper or address the underlying claims.