Casiano v. R.G. Ortiz Funeral Home, Inc.
- Lorna Schofield
- 1:23-cv-11260
- U.S. District Court · Southern District of New York
- 2
In Casiano v. R.G. Ortiz Funeral Home, Judge Schofield remanded the case because one defendant did not consent to removal.
The plaintiffs and defendants in the action, including Delta Airlines, Inc. and R.G. Ortiz Funeral Home, Inc.; the case will proceed in the Supreme Court of the State of New York, Bronx County rather than the federal court.
What happened
In Casiano v. R.G. Ortiz Funeral Home, Defendant Delta Airlines removed the case from New York Supreme Court to federal court. Defendant R.G. Ortiz Funeral Home had accepted service of the complaint before the removal.
Federal law generally requires every properly joined and served defendant to join in or consent to removal. The court found that Delta’s notice did not show Ortiz had joined or consented, making the removal procedurally defective.
Judge Lorna G. Schofield ordered the case remanded to the Supreme Court of the State of New York, Bronx County. She also directed the federal clerk to close the case and send a certified copy of the order to that court.
The detailed version
- Casiano v. R.G. Ortiz Funeral Home, Inc. · No. 1:23-cv-11260
- Lorna Schofield
- Jan. 4, 2024
Background
Defendant Delta Airlines, Inc. filed a notice of removal on December 28, 2023, transferring the action from the Supreme Court of the State of New York, Bronx County, to the U.S. District Court for the Southern District of New York. The notice relied on 28 U.S.C. § 1441(a). Defendant R.G. Ortiz Funeral Home, Inc. had accepted service of the complaint on December 11, 2023.
Reason for the ruling
Federal law requires all defendants who have been properly joined and served to join in or consent to removal. The notice of removal did not show that Ortiz had joined in or consented to Delta’s removal. The court therefore found a procedural defect in the removal. The opinion also explains that the court could remand the case on its own for a procedural defect within 30 days after the notice of removal was filed.
Disposition
The court ordered that the action be remanded to the Supreme Court of the State of New York, Bronx County. Judge Lorna G. Schofield also directed the Clerk of Court to close the federal case and mail a certified copy of the order to the state court under 28 U.S.C. § 1447(c).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.