DRUNKOVSKIS v. MEAUX et al

Filing 11

MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 1/6/2015. (eaj)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
LAIMONIS DRUNKOVSKIS,
Plaintiff,
v.
LEONARD G. MEAUX, et al.,
Defendants.

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CIVIL ACTION NO. 14-6112 (MLC)
MEMORANDUM OPINION

THE COURT remanded the action to state court because the removing defendants
— U.S. Xpress Enterprises, Inc. (“USXE”) and U.S. Xpress Leasing, Inc. (“USXL”) —
failed to obtain the unanimous consent of all defendants, i.e., the defendant Leonard G.
Meaux, also identified as Georgette M. Leonard (“Meaux”). (See dkt. entry no. 8, 12-2214 Order & J.; dkt. entry no. 7, 12-22-14 Mem. Op.) The Court noted that the action
could be removed again by Meaux, and that USXE and USXL could consent to a second
removal. (See 12-22-14 Mem. Op. at 2 n.1.)
USXE AND USXL now request reconsideration, arguing that Meaux’s consent
was not needed. (See dkt. entry no. 10, Letter dated 12-23-14.) The argument is without
merit. See Delalla v. Hanover Ins., 660 F.3d 180, 188–89 (3d Cir. 2011) (in adopting rule
allowing earlier-served defendant to join in later-served defendant’s timely removal and
noting removal jurisprudence is in flux, stating “[r]emoval requires unanimity—all
defendants must join in a notice of removal in order for removal to be permissible”).

THE COURT will deny the request for reconsideration. For good cause
appearing, the Court will issue an appropriate order.

s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated: January 6, 2015

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