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Date: 06-17-2022
Case Style:
Case Number: 22-cv-00202
Judge: Jennifer G. Zipps
Court: United States District Court for the District of Arizona (Pima County)
Plaintiff's Attorney:
Defendant's Attorney: Robert G. Cummings
Description: Tucson, Arizona civil litigation lawyers represented Plaintiff, who sued defendant over the alleged sale of an Instagram account.
On October 8, 2021, Plaintiff Carter Hughes filed a complaint in Pima County Superior Court alleging multiple causes of action arising from the alleged sale of an Instagram account. (Doc. 1-5.) The Complaint alleges that the account was originally owned by Defendant Jesse Medina, who was served with the initial pleading on October 27, 2021. Without having submitted an answer, Defendant filed a Notice of Removal in the United States District Court for the Northern District of California. (Doc. 6-1.) There, the court found the removal to be “frivolous” because 28 U.S.C. § 1441(a) only permits removal to the district court “where such action is pending.” The action was remanded on February 9, 2022. (Doc. 6-2.) Defendant then filed a second Notice of Removal in this Court on April 15, 2022. (Doc. 1.). Pending before the court is Plaintiff's Motion to Remand the action back to Pima County Superior Court.
Outcome:
For the foregoing reasons, IT IS HEREBY ORDERED granting Plaintiff's Motion to Remand. (Doc. 6.) The Clerk of the Court is directed to remand this action to Pima County Superior Court.
IT IS FURTHER ORDERED Plaintiff's Motion for Attorney's Fees and Costs is granted. (Doc. 6.)
IT IS FURTHER ORDERED Plaintiff shall submit a fee request with appropriate documentation within fourteen (14) days of the date of this order.
Plaintiff's Experts:
Defendant's Experts:
Comments: