Cuccia v. HF Management Services, LLC

Background

HF Management Services, LLC, doing business as Healthfirst, Inc., filed a notice removing the action from the Supreme Court of the State of New York, County of New York. HF Management Services stated that Cuccia had started the action on or around August 7, 2023, and had served it with a summons with notice through the New York State Secretary of State on or around December 1, 2023. HF Management Services said it did not receive notice of the action until March 13, 2024. It removed the action on March 20, 2024, with the consent of Genesis Bayuelo-Perri.

The opinion states that Cuccia had not filed a complaint. HF Management Services appeared to have removed the action without first filing a demand for service of a complaint under New York Civil Practice Law and Rules section 3012(b).

Court’s Analysis

The court explained that federal procedural rules apply after removal, while state law governs whether service of process was sufficient before removal. New York law permits a plaintiff to begin an action by filing and serving a summons with notice without including a complaint or other formal pleading. After removal, however, federal courts accept state-court papers as the operative pleadings only when they provide the notice function required of pleadings under the Federal Rules of Civil Procedure.

The court found that Cuccia’s summons with notice did not satisfy Federal Rule of Civil Procedure 8. The summons identified the statutes under which Cuccia sought relief but did not include factual allegations.

Order

Under Federal Rule of Civil Procedure 81(c)(2), the court ordered Cuccia to serve a complaint on the defendants by May 1, 2024, and file the complaint on the docket. The defendants were directed to serve the order on Cuccia and file proof of service. The order did not decide the merits of Cuccia’s claims.