Newco Capital Group LLC v. Capital Scuba Center LLC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 NEWCO CAPITAL GROUP LLC, Case No. 22-cv-00460-JST

Plaintiff,

ORDER DISMISSING ACTION

v. 9 Re: ECF No. 10 CAPITAL SCUBA CENTER LLC, et al., Defendants.

12 Defendant Michael Scott Fitzgerald removed this action from the Supreme Court of New York, Kings County. ECF No. 1. The case should have been removed, if at all, to the Eastern District of New York instead of to this district. See 28 U.S.C. § 1441(a) (“[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or defendants, to the district court of the United States for the district and division embracing the place where such action is pending.”). Accordingly, the notice of removal was ineffective and this Court is without jurisdiction. 28 U.S.C. § 1447(c) provides, in relevant part, “If at any time before final judgment it appears that the district court lacks subject matter jurisdiction, the case shall be remanded.” “It is…