Opinion
23-cv-13241
04-19-2024
LAMIA HARB, et al., Plaintiffs, v. NATIONS DIRECT MOTGAGE LLC, Defendant.
ORDER GRANTING MOTION TO REMAND (ECF NO. 10) AND REMANDING ACTION TO WAYNE COUNTY CIRCUIT COURT
MATTHEW F. LEITMAN, UNITED STATES DISTRICT JUDGE
Plaintiffs filed the initial Complaint in this action in the Wayne County Circuit Court on April 6, 2023. That Complaint asserted claims arising under federal law and thus could have been removed to this Court. Defendant waited until December 20, 2023, to remove the action to this Court. (See Notice of Removal, ECF No. 1.) That removal came too late. See 28 U.S.C. 1446(b)(1) (requiring removal within 30 days of a defendant's receipt of the pleading setting forth the claim). The Court is not persuaded by Defendant's argument that circumstances occurring in the state court prior to removal justified the late removal.
Because the action was not timely removed to this Court, the Court will GRANT Plaintiff's pending Motion to Remand (ECF No. 10) and will REMAND this action to the Wayne County Circuit Court. The Court declines Defendant's suggestion to bifurcate the claims in the action and to remand only the claims in the original Complaint because the Court is not persuaded that doing so is the most efficient or sensible way to litigate the dispute.
The Court declines to enter an award of fees or costs against Defendant based upon the removal.
IT IS SO ORDERED.
I hereby certify that a copy of the foregoing document was served upon the parties and/or counsel of record on April 19, 2024, by electronic means and/or ordinary mail.
Holly A, Ryan
Case Manager
(313)234-5126