Tepley v. Gro Intelligence, Inc.

• Court: District Court, S.D. New York
• Decided: May 16, 2024
• Docket: 1:24-cv-03075
• Status: Unknown

Opinion

LJ IN ly Ww M. A 9th Floor F: 866-839-4306 New York, NY 10022 E: tma@youngandma.co

May 16, 2024 VIA ECF Honorable Jennifer L. Rochon United States District Court for the Southern District of New York Daniel Patrick Moynihan United States Courthouse 500 Pearl St. New York, NY 10007-1312 Re: — Tepley v. Gro Intelligence, Inc. et al 24-cv-03075-JLR Dear Judge Rochon, We represent Plaintiff Allison Tepley in the above-referenced matter. Pursuant to Your Honor’s Individual Practices, Section 1(F), we respectfully request an extension of time to file a motion to remand, originally due May 22, 2024, to and through June 5, 2024. This is the first request for extension due to extenuating motion, deposition, and mediation scheduling and personal circumstances. Thank you very much for your consideration of this matter.

Very truly yours, Tf ip Di Tiffany Ma ce: Defendants’ Counsel (via ECF) e request is DENIED. “A motion to remand the case on the basis of any defect other than lack of subject matter jurisdictio be made within 30 days after the filing of the notice of removal.” 28 U.S.C. § 1447(c). This deadline is "plainly Phoenix Glob. Ventures, LLC v. Phoenix Hotel Assocs., Ltd., 422 F.3d 72, 75 (2d Cir. 2005). Thus, the Court tr 1447(c)'s 30-day deadline as a mandatory claim-processing rule, which, "[i]f properly invoked . . . must be enforced, may be waived or forfeited." Hamer v. Neighborhood Hous. Servs. of Chi., 583 U.S. 17, 20 (2017); see Phoenix Glob 422 F.3d at 75 (explaining that Section 1447(c) deadline is mandatory but not jurisdictional). Defendants waive or forfeit their right under Section 1447(c) to a timely remand motion within 30 days of removal, th urt is not at liberty to grant Plaintiff's request for an extension. See, e.g., Harleysville Worcester Ins. Co. v. Sompo Jap. Ins . of Am., 2021 WL 5154130, at *2 (S.D.N.Y. Nov. 5, 2021) (granting extension on motion to remand with defendant's Radium2 Cap., Inc. v. NDGS, LLC, 2019 WL 3821755 (W.D.N.Y. Aug. 15, 2019) (defendants waived § 1447(c) rig stipulation); cf Pate v. City of Rochester, 579 F. Supp. 3d 417, 421-23 (W.D.N.Y. 2022) (denying untimely motion to rem collecting cases). Absent such consent from Defendants, or unless the defect alleged is a lack of subject-matter jurisdictic shall file her motion to remand by May 22, 2024. SO ORDERED. tad: 94 J... 4. 2.2...