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S.D.N.Y.Procedural orderFiled Feb. 15, 2024

Froiseth v. City Of New York

Judge
Ronnie Abrams
Docket
1:24-cv-00747
Court
U.S. District Court · Southern District of New York
Pages
2
Civil Procedure
In one sentence

In Froiseth v. City Of New York, Judge Abrams granted the parties’ agreed request to remand the case to state court and close the federal docket.

Who this affects

The plaintiff and defendants in the case; the action was returned to the Supreme Court of the State of New York, Bronx County, and the federal docket was closed.

What happened

In Froiseth v. City Of New York, the defendants removed the case from New York state court to federal court based on federal-question jurisdiction. The plaintiff then voluntarily dismissed her fifth cause of action, which alleged violations under 42 U.S.C. § 1983, and she no longer appeared to assert federal claims.

The parties jointly asked the federal court to send the case back to the Supreme Court of the State of New York, Bronx County. They told the court that they had discussed the request and agreed to it.

Judge Ronnie Abrams granted the motion to remand. She directed the Clerk to remand the case to state court and close the federal docket.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Froiseth v. City Of New York · No. 1:24-cv-00747
Judge
Ronnie Abrams
Date
Feb. 15, 2024

Background

The defendants removed 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 on February 1, 2024. They relied on federal-question jurisdiction. On February 12, 2024, the plaintiff voluntarily dismissed her fifth cause of action under Federal Rule of Civil Procedure 41(a)(1). That claim alleged violations under 42 U.S.C. § 1983, including claims described as Monell violations. The court stated that the plaintiff no longer appeared to assert any federal claims.

Request to Remand

On February 13, 2024, the parties submitted a joint letter requesting that the court remand the case to the Supreme Court of the State of New York, Bronx County. The parties stated that they had met and discussed the request and consented to it.

Ruling

The court granted the motion to remand in light of the parties’ agreement. The Clerk was directed to remand the case to the state court and close the federal docket. The order was issued by Judge Ronnie Abrams on February 15, 2024.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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