Britton v. Gardner

Filing 23

MEMORANDUM OPINION. Signed by Magistrate Judge Roderick C. Young on 01/12/2015. (walk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF VIRGINIA
Richmond Division

PATRICIA S. BRITTON,
Plaintiff,

Civil Action No. 3:14CV683 (RCY)

V.

EDWARD F. GARDNER,
Defendant.

MEMORANDUM OPINION

This matter comes before the Court by consent of the parties pursuantto 28 U.S.C.
§ 636(c)(1) on Plaintiffs Motion and Notice for Order Remanding Actionto State Court (ECFNo.
7) and Defendant's Motion for Leave to File AmendedNotice of Removal (ECF No. 13). In

resolving thesemotions, the Court mustdetermine whether Defendant's Original Notice of
Removal (Notice of Removal, ("Original Notice"), ECFNo. 1) was satisfactory on its face and, if
not, whetherDefendant should be granted leave to amendhis Original Notice. Because the Court

finds that Defendant's Original Notice was defective, but also finds that Defendant should be

permitted to amend the Original Notice, the Court DENIES Plaintiffs Motion (ECF No. 7) and
GRANTS Defendant's Motion (ECF No. 13).
I. PROCEDURAL POSTURE

On September 10, 2014, Plaintiffinitially filed a Complaint against Defendant in this matter
in the Circuit Court of the County of Henrico, Virginia, seeking $895,000 in compensatory damages
(Complaint, ECF No. 1-1). On or about September22, 2014, process was served on the Secretary

ofthe Commonwealth, Defendant's statutory agent.' (Original Notice 13.) On October 7, 2014,
Defendant filed his Original Notice with this Court. In the Original Notice, Defendant alleged that
' Va. Code Ann. § 8.01-329.