Robert Mestas, Jr. v. Alero Mack

I. INTRODUCTION & BACKGROUND

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22 On August 28, 2019, Plaintiff Robert Mestas brought an action against Defendants 23 Alero Mack Jr. and Melissa Alisha Mack in New Mexico state court, alleging that 24 Defendants violated the Telephone Consumer Protection Act. (Dkt. 1, Ex. A [Complaint, 25 hereinafter “Compl.”].) On October 17, 2019, Defendant Alero Mack Jr., acting pro se, 26 removed the case from New Mexico state court to this Court. (Dkt. 1.) In his notice of 27 removal, Mr. Mack acknowledged that by statute civil cases may be removed only to the 1 federal district court for the district and division where the state case is pending, but 2 contended that removal to this Court was proper because “New Mexico has no 3 jurisdiction over any of the defendants because none of the defendants do business in 4 New Mexico, have ever been in that state, nor has any defendant[] availed itself of the 5 laws and protections of the state and therefore do not meet the ‘minimum contacts’ rule 6 set forth by International Shoe, Volkswagen Corp v Woodson, and other cases defining 7 minimum contact with a state.” (Dkt. 1 at 2.) 8 9 Before the Court is Plaintiff’s motion to…