Ricci v. Discover Bank
- Alison Nathan
- 1:21-cv-10524
- U.S. District Court · Southern District of New York
- 1
In Ricci v. Discover Bank, Judge Nathan remanded the action to New York state court and closed the case.
Ricci, Discover Bank, the other defendants, and the parties to the action were affected by the remand to New York state court and closure of the federal case.
What happened
Ricci v. Discover Bank involved an action in federal court that the parties jointly agreed must be returned to state court.
In a February 23, 2022 letter, the parties agreed that the action should be remanded. The opinion does not describe the underlying claims or explain why the case had been removed beyond citing a prior decision concerning a requirement that all defendants consent to removal.
Judge Alison J. Nathan ordered the action, including pleadings filed in federal court after removal, remanded to the Supreme Court of the State of New York, New York County. She also directed the clerk to close the federal case.
The detailed version
- Ricci v. Discover Bank · No. 1:21-cv-10524
- Alison Nathan
- Feb. 24, 2022
Background
The opinion concerns an action brought by Ricci against Discover Bank and other defendants. The opinion does not state the underlying claims or provide further factual background.
Parties’ Agreement
The parties submitted a joint letter dated February 23, 2022. They agreed that “this action must be remanded to state court.” The court cited a prior Southern District of New York decision involving the requirement that all defendants consent to removal under 28 U.S.C. § 1446(b)(2)(A), but this order does not expressly state which removal defect applied here.
Ruling
Judge Alison J. Nathan ordered that the action be remanded to New York State Supreme Court, including the pleadings filed in the federal court after removal. She directed the clerk to remand the action to the Supreme Court for the State of New York, County of New York, and to close the federal case. The order did not decide the underlying claims.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.