SEARCH

Schabhuttl v. BJ's Membership Club Inc.

Delay Alone Does Not Show Bad Faith; Motion to Remand to Supreme Court Granted

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

MEMORANDUM & ORDER Plaintiff Barbara Schabhuttl moves to remand the instant action to state court. (See generally Pl’s. Mot. (Dkt. 9).) For the reasons stated below, Plaintiff’s motion is GRANTED. I. BACKGROUND Plaintiff alleges that she was injured when she slipped and fell at Defendants’ store located at 711 Stewart Ave, Garden City, New York on January 28, 2019. (Pet. f. Removal (Dkt. 1) 2.) She filed a civil action for an unspecified amount of damages against the Defendants on January 28, 2022 in the Supreme Court of the State of New York, County of Nassau. (Id.

1, 4; Ex. A to Pet. f. Removal (Dkt. 1-2) at ECF 19.) On March 22, 2022, Defendants served Combined Discovery Demands on Plaintiff, asking for information on various topics, (Ex. A to Defs.’ Opp. (Dkt. 12-1) 20); Defs’ Opp. 4), including “a copy of all documents that will be introduced at trial to establish economic loss.” (Defs.’ Opp. 20.) After receiving no response, Defendants sent Plaintiff good faith letters for discovery on April 19, 2022 and May 26, 2022. (Ex. B to Defs.’ Opp. (Dkt. 12-2).) They followed up by filing a Motion to Compel on July 11, 2022. (Ex. C to Defs.’ Opp. (Dkt. 12-3).) Plaintiff ultimately provided a Verified Bill of Particulars and a Response to the Combined Discovery Demands on January 23, 2023, (Ex. E to Pl’s. Mot. (Dkt. 9-5) at ECF 21; Ex. F to Pl’s. Mot. (Dkt. 9-6)), and verbally demanded $1,500,000 in damages at a status conference on January 24, 2023. (Pet. f. Removal 6; Pl’s. Mot. 12.) Defendants removed the action based on diversity jurisdiction on February 2, 2023, more than one year after Plaintiff filed her Complaint. (See generally Pet. f. Removal.) Plaintiff now seeks to remand this case back to state court under 28 U.S.C. §1447, arguing that Defendants’ failure to comply with the one-year removal period under 28 U.S.C. §1446(c)(1) renders this court without subject matter jurisdiction. (Pl’s. Mot.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

New York Legal Awards 2024

September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.

Learn More

GlobeSt. Women of Influence (WOI) 2024

July 22, 2024 - July 24, 2024
Lake Tahoe, CA

GlobeSt. Women of Influence Conference celebrates the women who drive the commercial real estate industry forward.

Learn More

African Legal Awards 2024

September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.

Learn More

Paralegal/Legal Assistant

Eichen Crutchlow Zaslow LLP is a highly regarded legal firm based in Edison, New Jersey. The firm specializes in medical malpractice and per...

Apply Now ›

Associate Professor or Professor of Law

The George Washington University Law School invites applications for multiple tenure-track or tenured faculty appointments, at the rank of A...

Apply Now ›

Employment Attorneys Senior Counsel - Los Angeles, Ventura, California

Gordon Rees Scully Mansukhani has an immediate opening for experienced Employment Attorneys in its Los Angeles and Ventura offices. Candida...

Apply Now ›

Lawyers of Distinction

06/27/2024
The American Lawyer

Professional Announcement

View Announcement ›

06/21/2024
Daily Business Review

Full Page Announcement

View Announcement ›

Blume Forte Fried Zerres & Molinari

06/14/2024
New Jersey Law Journal

Professional Announcement

View Announcement ›