Once the case has been removed, the state claim will be filed with the notice of removal (§ 1446(a)) The court may order the parties to file discovery or other filings in the state court for use in this action (§ 1447(b)) If the state court had entered orders, such as attachment, the orders remain in effect in the federal court unless modified by the federal judge (§ 1450) Davis v. City of Shreveport Police Dept. (2012) P filed a libel and slander complaint in state court against a radio station KSLA (LA resident) and against the police dept. Police dept. removed to federal court for federal question jurisdiction KSLA claimed it consented to removal Under § 1446(b), if all parties are properly joined and served, removal is proper unless one of the defendants within 30 days contests removal Since KSLA objected within a reasonable time, removal was improper Pleadings Pleading rules serve 4 functions: (1) providing notice of the nature of the claim to the defense, (2) ► identifying baseless claims, (3) setting each party’s view of the facts and, (4) narrowing the issues Complaints The Process P’s lawyer first files the complaint in the court of choice and serves D with notice The complaint must have a clear and concise statement of the facts and must include all that material facts for P’s complaint It must give D reasonable of the of the complaint and does NOT notice basis need to be more detailed than that Under Rule 8, a complaint may NOT be dismissed for failure to state a claim unless it is clear that the facts will NOT support a claim that will grant P relief D has 21 days to answer the complaint under Fed. R. Civ. P. 12 D may file a motion for dismissal on the merits or for lack of jurisdiction also (Rule 12) Rule 9 (Pleading Special Matters) Denny v. Carey (1976) Ps allege that First Penn was fraudulently conspired to conceal the financial situation of the company by inflating their equity and net income First Penn argued that the complaint was NOT sufficiently specific to comply with Rule 9(b), which requires when alleging fraud or mistake “particularity”
Once the case has been removed, the state claim will be filed with the notice of removal (§ 1446(a)) The court may order the parties to file discovery or other filings in the state court for use in this action (§ 1447(b)) If the state court had entered orders, such as attachment, the orders remain in effect in the federal court unless modified by the federal judge (§ 1450) Davis v. City of Shreveport Police Dept. (2012) P filed a libel and slander complaint in state court against a radio station KSLA (LA resident) and against the police dept. Police dept. removed to federal court for federal question jurisdiction KSLA claimed it consented to removal Under § 1446(b), if all parties are properly joined and served, removal is proper unless one of the defendants contests removal within 30 days Since KSLA objected within a reasonable time, removal was improper Pleadings ► Pleading rules serve 4 functions: (1) providing notice of the nature of the claim to the defense, (2) identifying baseless claims, (3) setting each party’s view of the facts and, (4) narrowing the issues Complaints The Process P’s lawyer first files the complaint in the court of choice and serves D with notice The complaint must have a clear and concise statement of the facts and must include all that material facts for P’s complaint It must give D reasonable notice of the basis of the complaint and does NOT need to be more detailed than that Under Rule 8, a complaint may NOT be dismissed for failure to state a claim unless it is clear that the facts will NOT support a claim that will grant P relief D has 21 days to answer the complaint under Fed. R. Civ. P. 12 D may file a motion for dismissal on the merits or for lack of jurisdiction also (Rule 12) Rule 9 (Pleading Special Matters) Denny v. Carey (1976) Ps allege that First Penn was fraudulently conspired to conceal the financial situation of the company by inflating their equity and net income First Penn argued that the complaint was NOT sufficiently specific to comply with Rule 9(b), which requires “particularity” when alleging fraud or mistake
Civ%20Pro%20Outline(2).docx