Boston v. Doshna
- Analisa Torres
- 1:22-cv-07724
- U.S. District Court · Southern District of New York
- 2
In Boston v. Doshna, Judge Torres vacated removal and remanded the personal-injury case because one defendant did not timely consent.
The action returns to Supreme Court, New York County rather than continuing in federal court. The federal court's earlier removal order was vacated, pending motions were deemed moot, and deadlines and conferences were vacated.
What happened
Alexander Boston filed a personal-injury case against Samuel Doshna and Young Judea Camp Tel Yehuda, Inc. in New York state court. Doshna removed the case to federal court, but Young Judea Camp did not timely join or independently notify the court that it consented to removal.
The court explained that all defendants must consent to removal within the required 30-day period. Although Doshna said Young Judea Camp had later told his lawyer that it consented, the court found that this late statement was not enough. The court therefore found that removal was improper.
Judge Torres vacated the earlier order granting removal and remanded the case to Supreme Court, New York County. The court also ruled that pending motions were moot and vacated all deadlines and conferences.
The detailed version
- Boston v. Doshna · No. 1:22-cv-07724
- Analisa Torres
- Sept. 30, 2022
Background
Alexander Boston originally filed this personal-injury action in Supreme Court, New York County, on August 4,
- Samuel Doshna removed the case to the U.S. District Court for the Southern District of New York on September 9,
- Doshna stated that he had been served on August
- Young Judea Camp Tel Yehuda, Inc. had been served one day earlier, on August 11.
Doshna's notice of removal did not state whether Young Judea Camp consented to removal. The court ordered the parties to explain why the case should not be sent back to state court because Young Judea Camp had not consented. The parties missed the first deadline. After the court gave them additional time and warned that nonresponse would result in remand, Doshna reported that Young Judea Camp's counsel had told him by email that the camp consented. The opinion states that the camp's counsel had not filed a notice of appearance in the federal case. Boston did not respond to the court's orders.
Legal standard
Federal law generally requires a defendant to remove a civil case within 30 days after receiving the initial pleading. When there are multiple defendants, each defendant generally has its own 30-day period, and all defendants must consent to removal within the applicable period. This requirement is commonly called the rule of unanimity. A later-served defendant may remove the case, but an earlier-served defendant must still provide timely consent.
Because Young Judea Camp was served on August 11, it had to provide written consent by September 12, 2022. The court held that the camp had neither timely joined Doshna's notice nor independently given the court unambiguous written consent within the 30-day period. Doshna's statement that the camp had communicated consent to his lawyer more than two weeks after the deadline did not cure the failure.
Ruling
The court held that removal was improper. Judge Analisa Torres vacated the court's September 23, 2022 order granting Doshna's petition for removal and remanded the matter to Supreme Court, New York County. The court also ruled that any pending motions were moot, vacated all deadlines and conferences, directed the Clerk of Court to remand the action, and directed that the federal case be closed.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.