Chante MASON v. SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2

CourtDistrict Court, E.D. Pennsylvania
DecidedApril 27, 2026
Docket2:25-cv-05038
StatusUnknown

This text of Chante MASON v. SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2 (Chante MASON v. SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Chante MASON v. SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2, (E.D. Pa. 2026).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA Chante MASON, Plaintiff, CIVIL ACTION v. NO. 25-5038 SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2, Defendants. OPINION Slomsky, J. April 27, 2026 I. INTRODUCTION A case filed in state court is eligible for removal to federal court when (1) the amount in controversy exceeds $75,000, and (2) the parties are citizens of different states. See 28 U.S.C. § 1332(a)(1). But even if those prerequisites are present, a defendant seeking to remove a case to federal court must also comply with procedural rules. Two rules—both related to timing—are relevant to the present dispute. First, a defendant may only remove a case when the defendant receives a document that puts him on notice that the case is removable because the $75,000 threshold is met. Otherwise, removal will be premature. Second, if the document puts the defendant on notice that the case is removable, the defendant must remove the case within thirty (30) days of receiving that document. Otherwise, removal will be untimely. Put differently, a defendant may only remove a case to federal court when he has notice that the case is removable, but once he has that notice, he must remove the case within thirty (30) days. After Defendants Sam’s Club #6693, Sam’s East Inc., and Sam’s Club Inc. (collectively, “Defendants”) removed this case to federal court, Plaintiff Chante Mason moved to remand it to Pennsylvania state court, where it was originally filed. The reason for seeking remand involves the core dispute between the parties: when—or whether—Defendants had notice that the amount in controversy exceeded $75,000. Before the Court is Plaintiff's Motion to Remand to State Court (Doc. No. 9) and

Defendants’ Response in Opposition (Doc. No. 10). For reasons that follow, the Court will grant Plaintiff’s Motion to Remand (Doc. No. 9) because Defendants’ Notice of Removal (Doc. No. 1) was prematurely filed. Because of that procedural error, the case will be remanded to Pennsylvania state court. II. BACKGROUND On May 28, 2025, Plaintiff Chante Mason filed a Complaint in the Court of Common Pleas of Philadelphia County against Defendants Sam’s Club #6693, Sam’s East Inc., Sam’s Club Inc., John Doe #1, and John Doe #2.1 (See Doc. No. 1-1.) In the Complaint, Plaintiff alleges that while she was shopping in Defendants’ grocery store, she “trip[ped], slip[ped], stumble[d], and/or f[ell] due to a wet slippery floor in the bathroom.” (Id. ¶ 13.) As a result of the fall, Plaintiff sustained several injuries. First, Plaintiff claims that she

“suffered serious and severe bodily injuries including injuries to her left wrist, left knee, right elbow, back, and neck, all of which caused severe pain and suffering and may be permanent.” (Id. ¶ 16.) Additionally, the Complaint avers that Plaintiff “has been unable in the past, and is likely to continue to be unable in the future, to attend to Plaintiff’s usual duties or activities.” (Id. ¶ 19.) Plaintiff further alleges that the resulting injuries have caused her to “receive and undergo medical treatment for which she has incurred expenses,” and that she “will be required

1 John Doe #1 and John Doe #2 have not been identified. “Defendants” referred to in this Opinion are Sam’s Club #6693, Sam’s East Inc., and Sam’s Club Inc. Defendants jointly filed the Notice of Removal (Doc. No. 1). to undergo additional medical treatment in the future for which she will incur additional expenses.” (Id. ¶ 20.) Based on these facts, Plaintiff alleges in the Complaint one count of negligence against Defendants. (Id. ¶ 12–21.) On June 2, 2025, Plaintiff served the Complaint on Defendants. (See Doc. No. 1-2.) On

June 4, 2025, Defendants requested that Plaintiff stipulate to damages lower than $75,000, writing that Defendants “will be forced to remove this matter to federal court upon receipt of any paper providing notice [that] Plaintiff’s alleged damages exceed the jurisdictional threshold.” (See Doc. No. 9 Ex. A.) Plaintiff did not respond to the proposed stipulation. (See id. ¶ 6.) On August 4, 2025, Plaintiff’s counsel wrote to Defendants’ counsel that Plaintiff “has decided to proceed with surgery.” (Doc. No. 1-3.) On August 12, 2025, counsel for Plaintiff provided another update, stating that Plaintiff’s surgery “is scheduled to take place within the next two weeks. The procedure will be a left wrist dorsal compartment release.” (Doc. No. 10-4 at 5.) On September 3, 2025, Defendants filed a Notice of Removal pursuant to 28 U.S.C. §

1441, which allows a defendant to remove a case to a federal court when that court would have subject matter jurisdiction over the case.2 (Doc. No. 1.) The Notice of Removal was filed ninety-three (93) days after Defendants were served with the Complaint, ninety-one (91) days after Defendants’ stipulation request, thirty (30) days after counsel for Plaintiff’s August 4, 2025 email notifying Defendant that Plaintiff would receive surgery, and twenty-two (22) days after

2 Subject matter jurisdiction in this case is based on diversity of citizenship jurisdiction. See 28 U.S.C. § 1332(a)(1) (“The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between . . . citizens of different States.”). counsel for Plaintiff’s August 12, 2025 email providing more information about Plaintiff’s surgery. On October 2, 2025, Plaintiff filed a Motion to Remand (Doc. No. 9), arguing that the case should be remanded to state court because Defendants’ Notice of Removal was either (1)

filed prematurely because Defendants never had notice of removability based on the amount in controversy exceeding $75,000, or, alternatively, (2) filed late, because it was filed more than thirty (30) days after Defendants had notice of removability. In either case, Plaintiff wants the case to be remanded to state court. On October 16, 2025, Defendants filed a Response. (Doc. No. 10.) The matter is now ripe for disposition. III. STANDARD OF REVIEW A district court has subject matter jurisdiction over civil actions between citizens of different states where the amount in controversy, exclusive of interest and costs, exceeds $75,000. 28 U.S.C. § 1332(a)(1). If a plaintiff files a case in state court in which there is diversity of citizenship jurisdiction under 28 U.S.C. § 1332(a)(1), a defendant may remove the case to federal court in the district in which the state case is pending. See 28 U.S.C. § 1441(a).

The time limit for removal is set forth in 28 U.S.C. § 1446: The notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, or within 30 days after the service of summons upon the defendant if such initial pleading has then been filed in court and is not required to be served on the defendant, whichever period is shorter.

28 U.S.C. § 1446(b)(1). “This provision speaks in strict, mandatory terms.” Enbridge Energy, LP v.

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Bluebook (online)
Chante MASON v. SAM’S CLUB #6693, SAM’S EAST INC., SAM’S CLUB INC., JOHN DOE #1, JOHN DOE #2, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chante-mason-v-sams-club-6693-sams-east-inc-sams-club-inc-john-paed-2026.