Lendr.online, LLC v. Mount ETNA Partners LLC

Background

In 2020, Lendr.online, LLC filed breach-of-contract claims in Nassau County Supreme Court against Garrett Reincke, Mount Etna Partners LLC doing business as American Fibrex, and Risen, Inc. Reincke, who was representing himself, filed a notice of removal attempting to bring the state-court action to the Southern District of New York. He stated that all defendants consented to removal, although they had not been served. American Fibrex and Risen were not represented by lawyers in the removed action.

Why the Court Remanded the Case

The court held that the removal was improper for two independent reasons. First, federal law permits removal only to the federal district court covering the location of the state court where the case is pending. Because this case was pending in Nassau County, the proper federal district was the Eastern District of New York, not the Southern District of New York.

Second, Reincke could not remove the case on behalf of American Fibrex and Risen. A person who is not a lawyer may represent only that person's own interests and may not appear for other parties. The court therefore concluded that the case could not properly be removed to federal court.

Disposition

Under 28 U.S.C. § 1447(c), the court remanded the action to the New York Supreme Court, Nassau County. The Clerk was directed to send that court a copy of the order and close the federal action. All pending matters were terminated, and a copy of the order was mailed to Reincke. The court did not reach the merits of Lendr.online's breach-of-contract claims. Judge Laura Taylor Swain signed the order.