Osmani v. Cyclical Markets, LLC

District Court, S.D. New York

Osmani v. Cyclical Markets, LLC

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK wn ee KX BESA OSMANI, Plaintiff, 22 Civ. 7233 (JPC)

CYCLICAL MARKETS, LLC et al., Defendants.

JOHN P. CRONAN, United States District Judge: Defendant Mid-Hudson Valley Federal Credit Union (“Defendant”) filed a Notice of Removal on August 25, 2022 to remove this case from the Supreme Court of New York, County of Sullivan, to this Court. Dkt. 1. Defendant states that it attached to that Notice of Removal “all process, pleadings and orders served upon [] defendants,” pursuant to

28 U.S.C. § 1446

(a). Jd. at 4.6. Defendant’s Notice of Removal references a Complaint filed in the state court action, which was served on Defendant on July 25, 2022. /d. at ¢ 5. Defendant did not attach this Complaint to its Notice of Removal. Therefore, Defendant is ordered to amend its Notice of Removal by August 30, 2022 with the referenced Complaint attached. Cf Stetson Real Estate LLC v. Sentinel Ins. Co., No. 20 Civ. 8902 (KMK),

2021 WL 84309

at *2 (S.D.N.Y. Jan. 11, 2021) (holding that a failure to attach the correct complaint to a notice of removal is not a fatal defect). SO ORDERED. Dated: August 26, 2022 —Vbes ef 72 New York, New York JOHN P. CRONAN United States District Judge

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