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Order | Filed: June 05, 2024 | Entered: June 11, 2024 Cruz v. Wal-Mart Stores East, LP et al
P.I.: Other | New York Eastern
~Util - Terminate Civil Case
Civil Case Terminated. SO Ordered by Judge Hector Gonzalez on June 5, 2024. (JVC)
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Order | Filed: June 05, 2024 | Entered: June 05, 2024 Cruz v. Wal-Mart Stores East, LP et al
P.I.: Other | New York Eastern
Order of Remand to State Court
ORDER: "[A] notice of removal must follow the timeliness requirements Congress set forth in 28 U.S.C. § 1446... [and i]f a notice of removal is untimely, the case must be remanded to the state court." Abbo-Bradley v. City of Niagara Falls, 73 F.4th 143, 146. 28 U.S.C. § 1446(b)(3) provides that a notice of removal must be filed "within thirty days after receipt by the defendant" 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."
Defendants removed this action on May 7, 2024. See ECF No. 1 . However, on April 6, 2024, thirty-one days earlier, Plaintiff's counsel made a written settlement demand via email that "exceeded the jurisdictional limit." See ECF No. 11 . Defendants acknowledge that their receipt of this written demand more than thirty days prior to their removal means it "may be appropriate to remand this case to state court." See id. "[S]ettlement demands can constitute an 'other paper' under § 1446." Champion v. CVS Albany, LLC, No. 22-cv-7748, 2023 WL 1766284, at *2 (E.D.N.Y. Feb. 3, 2023). Accordingly, the Court finds that Defendants' notice of removal was untimely under 28 U.S.C. § 1446(b)(3), and remands the instant action to the New York Supreme Court, Nassau County. The Clerk of Court is respectfully directed to mail a copy of this Order to the Clerk of the Nassau County Supreme Court (Index No. 603226/2024), and to close this case. Ordered by Judge Hector Gonzalez on 6/5/2024. (ICP) -
Misc | Filed: June 05, 2024 | Entered: June 05, 2024 Cruz v. Wal-Mart Stores East, LP et al
P.I.: Other | New York Eastern
Letter
Letter by Wal-Mart Stores East, LP, Walmart Inc. (O'Connor, Thomas)
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