The Western District examined classic principles in novel and interesting cases this quarter. For instance, newlyweds spent their “honeymoon phase” in litigation with the U.S. Postal Service over the delivery of their wedding invitations in Lombardi v. United States Postal Service, 2016 U.S. Dist. LEXIS 54258 (W.D.N.Y., April 22, 2016). The newlyweds sued the Postal Service pro se in small claims court claiming $5,000 in damages in connection with the Postal Service’s alleged failure to inform the plaintiffs that their wedding invitations required additional postage. As a result, the invitations were either undelivered or significantly delayed.
The Postal Service removed the proceeding to the U.S. District Court for the Western District pursuant to the court’s federal-agency removal jurisdiction under 28 U.S.C. §1442(a)(1) and moved to dismiss for lack of subject matter jurisdiction. Although the newlyweds defaulted, Magistrate Judge Hugh B. Scott issued a Report and Recommendation concluding that the court had subject matter jurisdiction, but recommending that the court dismiss the case as barred by sovereign immunity of the United States.
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