Mendez v. Lux Enterprises, LLC
- Rochon
- 1:23-cv-10968
- U.S. District Court · Southern District of New York
- 3
In Mendez v. Lux Enterprises, LLC, Judge Rochon remanded the action because Lux Enterprises removed it after the deadline.
The action was returned to the New York state court, affecting Antonio Lucero Mendez and defendants Lux Enterprises, LLC, Priarity Way, LLC, and Christopher Priar. Any other pending motions became moot, conferences were canceled, and the federal case was closed.
What happened
In Mendez v. Lux Enterprises, LLC, Lux Enterprises removed the case from New York state court to federal court on December 19, 2023. The federal court questioned whether the removal was timely and whether all properly served defendants had agreed to it.
The court found that Lux Enterprises was served through the New York Secretary of State on June 8, 2023, making its December 19 removal untimely. The court also stated that, at a minimum, Lux Enterprises knew about the case by November 15, 2023.
Judge Jennifer L. Rochon remanded the action to the New York State Supreme Court for Bronx County. The court ruled that any other pending motions were moot, canceled conferences, and directed the Clerk of Court to close the case.
The detailed version
- Mendez v. Lux Enterprises, LLC · No. 1:23-cv-10968
- Rochon
- Jan. 17, 2024
Background
The action was originally filed in the New York Supreme Court, County of Bronx. Defendant Lux Enterprises, LLC removed it to the U.S. District Court for the Southern District of New York on December 19, 2023.
On December 21, 2023, the federal court ordered Lux Enterprises to explain why the case should not be sent back to state court. The court said the notice of removal did not establish that removal occurred within the required 30-day period after receipt of the initial pleading. The court also questioned whether all defendants who had been properly joined and served had joined in or consented to removal.
Lux Enterprises stated that the complaint was served on it through the Secretary of State on June 8,
- It also stated that it first received a copy of the complaint and learned about the lawsuit on January 4,
- The court found that statement inaccurate because Lux Enterprises had filed the removal petition on December 19,
- Plaintiff's counsel stated that the plaintiff's attorney had served a subpoena related to the state-court action on Lux Enterprises's insurance carrier on September 21, 2023, and that a representative of the carrier discussed the action with plaintiff's counsel on November 15, 2023.
Court's Analysis
The court relied on New York law providing that service on a limited liability company through the Secretary of State is complete when the Secretary of State is served, even if the process does not ultimately reach the company. Because service on Lux Enterprises was complete on June 8, 2023, its December 19, 2023 removal was outside the 30-day removal period. The court stated that the removal was untimely even if service was not considered complete on that date, because Lux Enterprises was aware of the action at least by November 15, 2023.
Disposition
The court remanded the action to the State Court of the State of New York, County of Bronx. It ruled that any other pending motions were moot, canceled any conferences, and directed the Clerk of Court to close the case.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.