Murillo-Roman v. The Pension Boards-United Church of Christ, Inc.

S.D. New York

Murillo-Roman v. The Pension Boards-United Church of Christ, Inc.

DecidedOctober 5, 2022

Docket1:22-cv-08365

StatusUnknown

This text of Murillo-Roman v. The Pension Boards-United Church of Christ, Inc. (Murillo-Roman v. The Pension Boards-United Church of Christ, Inc.) is published on Counsel Stack Legal Research, covering District Court, S.D. New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Murillo-Roman v. The Pension Boards-United Church of Christ, Inc., (S.D.N.Y. 2022).

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DILKA MURILLO-ROMAN, Plaintiff, -against- 22-cv-08365 (JLR) THE PENSION BOARDS-UNITED CHURCHO F CHRISTA a/k/a THE ANNUIT ORDER FUND-UNITED CHURCH OF CHRIST, JOHN LIZNEY, and CAMILIA HUGGINS, Defendants. JENNIFER L. ROCHON, United States District Judge: On September 30, 2022, this action was removed from the Supreme Court of the State of New York, New York County, by Defendant The Pension Boards-United Church of Christ, Inc. (“Pension Boards”). See ECF No. 1. A civil action may not be removed unless “all defendants who have been properly joined and served . . . join in or consent to the removal of the action.” 28 U.S.C. § 1146(b)(2)(A); accord Pietrangelo v. Alvas Corp., 686 F.3d 62, 66 (2d Cir. 2012). Defendants who do not join in the removal “must independently express their consent to removal.” Id. A defendant must file a notice of removal within thirty days of receiving the initial pleading or summons, “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. § 1146(b)(1). Within that time, all defendants who have been “properly joined and served” must consent to the removal to federal court. Id.; see Taylor v. Medtronic, Inc., 15 F.4th 148, 151 (2d Cir. 2021). There is no indication in the record presently that Defendants John Lizney and Camilia Huggins join in or consent to removal. While removal generally requires the unanimous consent of all defendants, there is an exception when “the non-joining defendants have not been served with service of process at the time the removal petition is filed... □□ Varela v. Flintlock Const., Inc., 148 F. Supp. 2d 297, 300 (S.D.N.Y. 2001). Accordingly, no later than October 13, 2022, Plaintiff is ordered to file an affidavit testifying whether she has properly served Defendants John Lizney and Camilia Huggins, attaching proof of the same. Dated: October 5, 2022 New York, New York SO ORDERED.

nited States District Judge

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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK DILKA MURILLO-ROMAN, Plaintiff, -against- 22-cv-08365 (JLR) THE PENSION BOARDS-UNITED CHURCHO F CHRISTA a/k/a THE ANNUIT ORDER FUND-UNITED CHURCH OF CHRIST, JOHN LIZNEY, and CAMILIA HUGGINS, Defendants. JENNIFER L. ROCHON, United States District Judge: On September 30, 2022, this action was removed from the Supreme Court of the State of New York, New York County, by Defendant The Pension Boards-United Church of Christ, Inc. (“Pension Boards”). See ECF No. 1. A civil action may not be removed unless “all defendants who have been properly joined and served . . . join in or consent to the removal of the action.” 28 U.S.C. § 1146(b)(2)(A); accord Pietrangelo v. Alvas Corp., 686 F.3d 62, 66 (2d Cir. 2012). Defendants who do not join in the removal “must independently express their consent to removal.” Id. A defendant must file a notice of removal within thirty days of receiving the initial pleading or summons, “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. § 1146(b)(1). Within that time, all defendants who have been “properly joined and served” must consent to the removal to federal court. Id.; see Taylor v. Medtronic, Inc., 15 F.4th 148, 151 (2d Cir. 2021). There is no indication in the record presently that Defendants John Lizney and Camilia Huggins join in or consent to removal. While removal generally requires the unanimous consent of all defendants, there is an exception when “the non-joining defendants have not been served with service of process at the time the removal petition is filed... □□ Varela v. Flintlock Const., Inc., 148 F. Supp. 2d 297, 300 (S.D.N.Y. 2001). Accordingly, no later than October 13, 2022, Plaintiff is ordered to file an affidavit testifying whether she has properly served Defendants John Lizney and Camilia Huggins, attaching proof of the same. Dated: October 5, 2022 New York, New York SO ORDERED.

nited States District Judge

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Murillo-Roman v. The Pension Boards-United Church of Christ, Inc., Counsel Stack Legal Research, https://law.counselstack.com/opinion/murillo-roman-v-the-pension-boards-united-church-of-christ-inc-nysd-2022.

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