Ray Butler v. Avis Rent A Car System Inc.

I. INTRODUCTION

On June 25, 2020, Ray Butler (“Plaintiff”) filed a Complaint against Avis Rent a Car System, Inc., (“Avis”) and Steven Brown (“Brown”) (collectively, “Defendants”) alleging: (1) motor vehicle negligence and (2) general negligence. Plaintiffs claims arise from an auto collision between Plaintiff and Brown. On September 25, 2020, the United States of America (“the Government”) filed a Notice of Removal pursuant to 28 U.S.C. § 2679(d)(2) on the grounds that Brown was acting in his capacity as an employee of the United States during the collision. Presently before the Court is Plaintiff’s Motion to Remand. For the following reasons, the Court DENIES Plaintiff's Motion. Il. FACTUAL BACKGROUND In July of 2018, Plaintiff was injured in an auto collision with Brown, who was driving a vehicle he rented from Avis. On June 25, 2020, Plaintiff filed this action in state court. On September 25, 2020, the Government removed the case to federal court. In its Notice of Removal, the Government certified that Brown was acting within the course and scope of his employment with the United States. The Government did not, however, state whether Avis or Brown had joined in…