GALINDO v. GERBER PRODUCT CO., 2:14-cv-433-FtM-38CM. (2014)
Court: District Court, M.D. Florida
Number: infdco20140812a04
Visitors: 1
Filed: Aug. 11, 2014
Latest Update: Aug. 11, 2014
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on review of the docket. Defendants Gerber Product Co. and Nestle USA, Inc. filed a series of documents on the docket and labeled these documents as a "Notice of Removal" on August 5, 2014. (See Doc. 1). The series of documents include a civil cover sheet, summons, notice of service of process, and notice of filing notice of removal. Defendants also filed Plaintiffs' Complaint. (Doc. 2). Defendants did not
Summary: ORDER 1 SHERI POLSTER CHAPPELL, District Judge. This matter comes before the Court on review of the docket. Defendants Gerber Product Co. and Nestle USA, Inc. filed a series of documents on the docket and labeled these documents as a "Notice of Removal" on August 5, 2014. (See Doc. 1). The series of documents include a civil cover sheet, summons, notice of service of process, and notice of filing notice of removal. Defendants also filed Plaintiffs' Complaint. (Doc. 2). Defendants did not ..
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ORDER1
SHERI POLSTER CHAPPELL, District Judge.
This matter comes before the Court on review of the docket. Defendants Gerber Product Co. and Nestle USA, Inc. filed a series of documents on the docket and labeled these documents as a "Notice of Removal" on August 5, 2014. (See Doc. 1). The series of documents include a civil cover sheet, summons, notice of service of process, and notice of filing notice of removal. Defendants also filed Plaintiffs' Complaint. (Doc. 2). Defendants did not file an official memorandum to support the "Notice of Removal." Accordingly, the basic requirements of the Notice of Removal are not present here. See 28 U.S.C. § 1446 (a) ("A defendant or defendants desiring to remove any civil action from a State court shall file in the district court of the United States for the district and division within which such action is pending a notice of removal signed pursuant to Rule 11 of the Federal Rules of Civil Procedure and containing a short and plain statement of the grounds for removal, together with a copy of all process, pleadings, and orders served upon such defendant or defendants in such action."). Moreover, a review of the complaint does not clearly demonstrate that this Court has federal jurisdiction over this matter.
Accordingly, it is now
ORDERED:
1. This matter is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
2. The Clerk is directed to transmit a certified copy of this Order to the Clerk of the Court of the Twentieth Judicial Circuit in and for Collier County, Florida.
3. The Clerk is directed to CLOSE this case and terminate any and all scheduling deadlines and other pending motions as moot.
FootNotes
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Source: Leagle
