Gold Town Corp. v. United Parcel Serv. Inc.

Action Remanded for Failure to Obtain Written Consent for Removal Under 'Pietrangelo'

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OPINION & ORDER This case, removed from state court, involves claims by the uncompensated seller of a $2,350 gold necklace both against the parcel-delivery service that errantly shipped it and the buyer that eventually received but failed to pay for it. For the reasons that follow, the Court grants the plaintiff’s motion to remand to state court. I. Background¹ A. Factual Background On December 14, 2019, Kenneth Ransom (“Ransom”) purchased a 14-karat gold necklace on Amazon.com from Gold Town Corporation (“Gold Town”) for $2,350.² Compl. 4. On December 16, 2019, Gold Town shipped the necklace to Ransom via UPS’s “next day” shipping service. Id. 5. On December 20, 2019, Ransom notified Gold Town that the necklace had not been delivered. Id. 6. Gold Town then called UPS, which told Gold Town that there would be a three-day delay. Id. 7. On December 22, 2019, Gold Town reported the information about the delay to Ransom. Id. 8. On December 27, 2019, Ransom told Gold Town that he still had not received the necklace and demanded a refund. Id. 9. On or about the same day, after Gold Town had called UPS “relentlessly,” UPS informed Gold Town that the package was lost, but it later stated that it had found the package and would ship it back to Gold Town. Id. 11. After being notified by UPS that UPS was planning to ship the necklace back to Gold Town, Gold Town issued a full refund to Ransom of $2,350. Id. 12. The initial tracking number that Gold Town had received from UPS when it first sent the necklace also indicated that the necklace was being returned to Gold Town. Id. 15. Notwithstanding UPS’s statement to Gold Town that it would send the package back to Gold Town, Gold Town alleges that UPS, unbeknownst to it, later issued a new label and tracking number to the package containing the necklace — and, on January 2, 2020, delivered the package to Ransom. Id.

Gold Town Corp. v. United Parcel Serv. Inc.

Action Remanded for Failure to Obtain Written Consent for Removal Under 'Pietrangelo'

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