Energia De Ramos, S.A.P.I. de C.V. v. Hendrickson

Filing 12

ORDER GRANTING 4 Motion to Remand to State Court. Signed by Judge Robert Pitman. (td)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
ENERGIA DE RAMOS, S.A.P.I. de C.V.,
formerly known as DEACERO POWER,
S.A.P.I. de C.V.,
v.

Plaintiff,

CLAUDE HENDRICKSON,
Defendant.

§
§
§
§
§
§
§
§
§
§

1:16-CV-1177-RP

ORDER
Before the Court is Plaintiff Energia de Ramos’s Motion for Remand. (Dkt. 4). By way of its
motion, Plaintiff points out that Defendant’s Notice of Removal was untimely filed and requests
that this Court remand this suit to the Travis County District Court, where it was initially filed.
Plaintiff filed suit against Defendant in state court in August 2016. Following several
unsuccessful attempts at service in Texas, Plaintiff served Defendant with the state-court citation
and its Original Petition by certified mail in accordance with state law governing service of process.
Defendant acknowledges receipt of the citation and Original Petition on September 26, 2016. (Dkt.
11, at 1; id. Ex. A). Defendant filed his Notice of Removal on October 27, 2016, on the basis of this
Court’s diversity jurisdiction.
Under 28 U.S.C. § 1446, a defendant seeking to remove a civil action from a state court must
file his notice of removal within thirty days of receiving the initial pleading setting forth the
plaintiff’s claim for relief. Defendant has admitted receiving Plaintiff’s Original Petition on
September 26, 2016, so the statute required that he remove the action no later than October 26,
2017. As Defendant filed his Notice of Removal outside of that time period, removal was improper
and the Court will GRANT Plaintiff’s Motion for Remand. (Dkt. 4).

IT IS THEREFORE ORDERED that this proceeding is hereby REMANDED back to
the 345th Judicial District Court of Travis County, Texas, Cause No. D-1-GN-16-003815.
IT IS FURTHER ORDERED that the Clerk of the Court of the United States District
Court for the Western District of Texas undertake all necessary actions to remand the removed
action to the 345th Judicial District Court, Travis County, Texas.
IT IS FINALLY ORDERED that Defendant’s Motion to Transfer Venue, (Dkt. 3), and
Plaintiff’s Motion for Leave to File Surreply, (Dkt. 10), are DISMISSED AS MOOT.
SIGNED on February 27, 2017.

ROBERT PITMAN
UNITED STATES DISTRICT JUDGE

2