SUSANA BROWN v. U.S. HOUSING & URBAN DEVELOPMENT et al

Filing 12

ORDER that counsel for the Government shall promptly file an amended list of the required state court filings, filed before September 25, 2009, and true and complete copies thereof, including the Answer filed on September 11, 2009 of Defendants City of Phoenix Housing Department and Matthew Henson Apartments; the affidavits of service of process, purportedly docketed on September 16,2009; and any other documents required by 28 U.S.c. § 1446(a) not already provided as an exhibit to its Notice of Removal. Signed by Magistrate Judge Lawrence O Anderson on 10/13/09. (DMT, )

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1 WO 2 3 4 5 6 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF ARIZONA 7 8 9 10 11 Susana Brown, Plaintiff, vs. No. CV-09-20II-PHX-LOA j ) ORDER 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 In reviewing this file to independently determine whether the court has jurisdiction, it appears that the Government has not fully complied with 28 U.S.c. 1446(a), the federal statute addressing removal procedure. A review of the Maricopa County Superior Court website for this case, http://www.superiorcourt.maricopa.gov/docket/CivilCourtCases/caseInfo.asp, exhibit 1, reveals that an Answer was filed in state court on September 11,2009 but not dockctcd until September 24,2009, the day before removal of the entire case to this District Court. (docket _ _ _ _ _ _ _ _e_fe_n_d_an_t_s. D U.S. I lousing & Urban Development; Cit) of Phoenix Housing Henson Apts., ) Dept.;Mathew~ j # 1) The Court has independently confirmed that the Answer filed on September 11, 2009 was that of Defendants City of Phoenix Housing Departmcnt and Matthew I-Ienson Apartments. While the Government's stated basis for removal on the merits is pursuant to 28 U .S.C. I442(a)(I) and 2679(d)(2), nevertheless, the Government is required to comply 1 w i t h the statutory procedure for removing a case to federal court. Title 28 U.S.c. 1446(a) provides as follows: (a) A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action. 28 U.S.C. 1446(a) (emphasis added). The state court's September 27,2009 entry, entitled simply "Notice," is likely the Government's Notice of Removal. The Court will direct counsel for the Government to promptly file an amended list of t h e state court filings, filed before September 25, 2009, and true and complete copies thereof, required by 28 U.S.C. 1446(a) not already provided as an exhibit to its Notice of Removal. On the Court's own motion, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 IT IS ORDERED that counsel for the Government shall promptly file an amended list of the required state court filings, filed before September 25, 2009, and true and complete copies thereof, including the Answer filed on September 11, 2009 of Defendants City of Phoenix Housing Department and Matthew Henson Apartments; the affidavits of s e r v i c e ofprocess, purportedly docketed on September 16,2009; and any other documents required by 28 U.S.c. 1446(a) not already provided as an exhibit to its Notice of Removal. DATED this 13 th day of October, 2009. 22 23 24 25 26 27 28 -2 Civil Court Case Information - Case History Page 1 of2 The Judicial Branch of Arizona, Maricopa County Civil Court Case Information - C a s e History Case Information Case Number: File Date: Case Type: CV2009-026619 8/20/2009 Civil Judge: Arbitration 01 I Trujillo Location: Downtown Party Information Party Name Susana Brown U S Housing & Urban Development City Of Phoenix Housing Dept Mathew Henson Apts Relationship Plaintiff Defendant Defendant Defendant Sex Female Attorney Pro Per Pro Per Sharon Ha~ Sharon Ha~ Case Documents Filing Date 10/9/2009 10/5/2009 Description 324 - ME: Notice Of Appointment Of Arbitrator OAA - Order Requiring Judgment Debtor To Docket Da 10/9/2009 10/9/2009 NOTE: WAIVED 9/27/2009 NOT - Notice 9/28/2009 NOTE: Notice of Errata REGARDING THE CASE NUMBER LISTED ON DEFENDANT MATHEW HENSON APARTMENl 9/11/2009 NOTE: PAID 9/11/2009 9/9/2009 9/9/2009 9/3/2009 9/3/2009 9/3/2009 8/20/2009 8/20/2009 8/20/2009 8/20/2009 CAA - Cert Of AgreemenUArbitration CAN - Credit Memo Appearance Fee Paid NAR - Notice Of Appearance AFS - Affidavit Of Service AFS - Affidavit Of Service AFS -

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