Commissioner of Motor Vehicles v. Amelio et al

Filing 4

ORDER: Accordingly, this case is remanded to state court. The Clerk of Court is directed to: (1) mail a certified copy of this Order to the Clerk of the Court of the Superior Court in the District of Litchfield, Connecticut, pursuant to 42 U.S.C. 1447(c); and (2) close this case. SO ORDERED. (Signed by Judge Arun Subramanian on 5/10/2024) (vfr) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
COMMISSIONER OF MOTOR VEHICLES,
Plaintiff,
24-CV-3543 (AS)

-againstSAVERIO AMELIO and PPA CARMINE
AMELIO,

ORDER

Defendants.
ARUN SUBRAMANIAN, United States District Judge:
On May 7, 2024, this action was removed from the Superior Court in the Judicial District
of Litchfield, Connecticut. See Dkt. 1. Defendants assert that jurisdiction in this Court is proper by
reason of diversity of citizenship, pursuant to 28 U.S.C. § 1332.
Under 28 U.S.C. § 1446(a), “defendants desiring to remove any civil action from a State
court shall” make the required filings “in the district court of the United States for the district and
division within which such action is pending.” See also Phillips v. Reed Grp., Ltd., 955 F. Supp.
2d 201, 228 (S.D.N.Y. 2013) (“For cases removed from state court, venue is proper in the federal
district which embraces the state court from which the action was removed.”). The District of
Connecticut is the federal district that embraces all state courts in Connecticut. 28 U.S.C. § 86.
Removal to this Court was therefore improper.
Under 28 U.S.C. § 1447(d), the Court may sua sponte remand a case for a procedural defect
within 30 days of the filing of the notice of removal. Mitskovski v. Buffalo & Fort Erie Pub. Bridge
Auth., 435 F.3d 127, 131 (2d Cir. 2006). Accordingly, this case is remanded to state court.
The Clerk of Court is directed to: (1) mail a certified copy of this Order to the Clerk of the
Court of the Superior Court in the District of Litchfield, Connecticut, pursuant to 42 U.S.C.
§ 1447(c); and (2) close this case.
SO ORDERED.
Dated: May 10, 2024
New York, New York

ARUN SUBRAMANIAN
United States District Judge