899 S. 19th LLC v. Kennedy
- Lorna Schofield
- 1:23-cv-01677
- U.S. District Court · Southern District of New York
- 2
899 S. 19th LLC v. Kennedy: Judge Schofield remanded the case because Defendant removed it to a federal district that did not cover the New Jersey state court.
899 S. 19th LLC and Melvene Kennedy; the case was returned to the Superior Court of New Jersey, Essex County.
What happened
In 899 S. 19th LLC v. Kennedy, Defendant Melvene Kennedy, who was representing herself, tried to move a New Jersey state-court case to federal court in New York. Plaintiff objected.
The state case was pending in the Superior Court of New Jersey, Essex County, in Newark, New Jersey. Federal law allows removal only to the federal district covering the location of the state court where the case is pending. Kennedy had also previously tried to remove the case to federal court in New Jersey, but that court sent it back because she had not shown federal jurisdiction.
Judge Lorna G. Schofield ordered the matter remanded to state court because the Southern District of New York does not cover Newark, New Jersey. The clerk was directed to send the order to the New Jersey state court, mail copies to Kennedy, and close the federal case.
The detailed version
- 899 S. 19th LLC v. Kennedy · No. 1:23-cv-01677
- Lorna Schofield
- Mar. 13, 2023
Background
Pro se Defendant Melvene Kennedy filed a notice seeking to remove a New Jersey state-court action to the U.S. District Court for the Southern District of New York. Plaintiff 899 S. 19th LLC objected, and Kennedy filed a reply.
This was Kennedy's second attempt to move the state case to federal court. She had previously tried to remove it to the U.S. District Court for the District of New Jersey. That court remanded the action to New Jersey state court because Kennedy had not shown that the federal court had authority over the dispute.
Reasoning
The court explained that a state-court civil action may be removed only to the federal district court covering the location where the state case is pending. The action was pending in the Superior Court of New Jersey, Essex County, which is located in Newark, New Jersey. The Southern District of New York does not cover Newark, so removal to that court was improper.
Ruling
Judge Lorna G. Schofield ordered that the matter be remanded to state court. The clerk was directed to mail a certified copy of the order to the Superior Court of New Jersey, Essex County, send a copy to the pro se Defendant, and close the federal case. The order did not decide the underlying dispute between the parties.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.