Johnson v. Experian Marketing Solutions

Filing 4

ORDER on the defendant's Notice of Removal 1 and the plaintiff's state-court motion for a temporary restraining order and "temporary injunction" [1-2]. It is the Court's practice, for the sake of clarity and consistency, not to consider motions that are pending and undecided in the state court at the time of removal, unless and until a party refiles the motion in federal court in conformity with federal practice requirements. In particular, because the defendant has been notified of the action, any request from the plaintiff for preliminary injunctive relief should be filed in federal court pursuant to Fed. R. Civ. P. 65(a). Ordered by Judge John M. Gerrard. (MKR)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
ANDREW JOHNSON,
Plaintiff,

8:15-CV-0125

vs.
ORDER
EXPERIAN MARKETING
SOLUTIONS, INC., a Delaware
Corporation,
Defendant.
This matter is before the Court on the defendant's Notice of Removal
(filing 1) and the plaintiff's state-court motion for a temporary restraining
order and "temporary injunction" (filing 1-2). Neither 28 U.S.C. § 1441 et seq.
nor the Federal Rules of Civil Procedure provide for motions pending and
undecided in state court before removal to remain pending in the removed
action in federal court.
It is this Court's practice, for the sake of clarity and consistency, not to
consider motions that are pending and undecided in the state court at the
time of removal, unless and until a party refiles the motion in federal court in
conformity with federal practice requirements. In particular, because the
defendant has been notified of the action, any request from the plaintiff for
preliminary injunctive relief should be filed in federal court pursuant to Fed.
R. Civ. P. 65(a).
IT IS SO ORDERED.
Dated this 16th day of April, 2015.
BY THE COURT:

John M. Gerrard
United States District Judge