Zaccaria-Becker et al v. National Railroad Passenger Corporation d/b/a Amtrak et al

Filing 9

ORDER: It is hereby ORDERED that the matter is remanded to state court. The Clerk of Court is respectfully directed to close the case and to mail a certified copy of this Order to the Supreme Court of the State of New York, New York County pursuant to 28 U.S.C. 1447(c). (Signed by Judge Lorna G. Schofield on 6/5/2024) (mml) Transmission to Docket Assistant Clerk for processing.

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
:
CHRISTINA ZACCARIA-BECKER, et al.,
:
Plaintiffs,
:
:
-against:
:
NATIONAL RAILROAD PASSENGER
:
CORPORATION D/B/A AMTRAK, et al.,
:
Defendants.
X
------------------------------------------------------------LORNA G. SCHOFIELD, District Judge:

24 Civ. 3746 (LGS)
ORDER

WHEREAS, Defendants filed a notice of removal in this action on May 15, 2024.
WHEREAS, an Order dated May 23, 2024, directed Defendants to file any documents
from the state court docket that were not attached to the May 15, 2024, notice of removal by May
28, 2024.
WHEREAS, Defendants did not file the additional documents.
WHEREAS, an Order dated May 30, 2024, directed Defendants to file any documents
from the state court docket by June 3, 2024. The Order also directed Defendants to serve a copy
of the Order on Plaintiffs and file proof of service by June 3, 2024, and directed Plaintiffs to
appear in this action by June 17, 2024, or the action would be dismissed for failure to prosecute.
WHEREAS, Defendants have not filed the additional documents and have not filed proof
of service.
WHEREAS, Plaintiffs have not appeared in this action.
WHEREAS, a case may be removed to federal court only “within 30 days after the receipt
by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the
claim for relief upon which such action or proceeding is based, or within 30 days after the service
of summons upon the defendant if such initial pleading has then been filed in court and is not
required to be served on the defendant, whichever period is shorter.” 28 U.S.C. § 1446(b)(1).

“[I]f the case stated by the initial pleading is not removable, a notice of removal may be filed
within 30 days after receipt by the defendant, through service or otherwise, of a copy of an
amended pleading, motion, order or other paper from which it may first be ascertained that the
case is one which is or has become removable.” 28 U.S.C. § 1446(b)(3).
WHEREAS, a district court may sua sponte remand a case for a procedural defect within
thirty days of the filing of the Notice of Removal. See Mitskovski v. Buffalo & Fort Erie Pub.
Bridge Auth., 435 F.3d 127, 131 (2d Cir. 2006);
WHEREAS, Defendants’ Notice of Removal is procedurally defective. Defendants’
Notice of Removal states that removal is timely but fails to demonstrate timeliness by attaching
state court filings showing proof of service of the complaint on Defendants. Defendants twice
have failed to file the state court filings at the direction of the Court. It is hereby
ORDERED that the matter is remanded to state court.
The Clerk of Court is respectfully directed to close the case and to mail a certified copy of
this Order to the Supreme Court of the State of New York, New York County pursuant to 28
U.S.C. § 1447(c).
Dated: June 5, 2024
New York, New York

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