No. 22-5604

John Gregory Lambros v. Federative Republic of Brazil, et al.

Lower Court: District of Columbia
Docketed: 2022-09-19
Status: Dismissed
Type: IFP
IFP
Tags: civil-procedure federal-civil-procedure federal-rules-of-civil-procedure foreign-state foreign-state-defendant jurisdictional-defect motion-to-remand remand removal removal-procedure service-of-process timeliness
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2022-11-18
Question Presented (AI Summary)

Whether an untimely 'Motion for Removal' by a foreign state suffices when the non-jurisdictional procedural removal defect is timely raised

Question Presented (OCR Extract)

QUESTIONS PRESENTED QUESTION ONE (1): Whether an untimely “Motion for Removal” by a foreign state, 28 U.S.C. 1441(d) 652 days to late suffices when the non-jurisdictional procedural removal defect permitting remand is timely raised, “Motion to Remand” 28 U.S.C. 1447(c)(2020) and cause is not shown by the foreign state. Violations of 28 U.S.C. 1446(b)(1) and 1446(c)(1). See, MURPHY BROTHERS, INC. V. MICHETTI PIPE STRINGING, INC., 526 U.S. 344 (1999)(™ the removal notice ‘shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the [complaint].’” QUESTION TWO (2): Whether a foreign state defendant represented by attorneys in a removal action, who did not answer before removal, allowed to file untimely answers or present other defenses or objections in violation of Federal Rules of Civil Procedure, Rule 81(c)(2)(C) “7 days after the notice of removal is filed.” See, Willy v. Coastal Corp. et al., 503 U.S. 131, 134-135 (1992)(“Rule 81(c) specifically provides that the Rules "apply to civil actions removed to the United States district courts from the state courts and govern procedure after removal.” This expansive language contains no express exceptions”); MURPHY BROTHERS, INC. V. MICHETTI PIPE STRINGING, INC., 526 U.S. 344, 354-355 (1999)

Docket Entries

2022-11-21
The motion for leave to proceed in forma pauperis is denied, and the petition for a writ of certiorari is dismissed. See Rule 39.8. As the petitioner has repeatedly abused this Court's process, the Clerk is directed not to accept any further petitions in noncriminal matters from petitioner unless the docketing fee required by Rule 38(a) is paid and the petition is submitted in compliance with Rule 33.1. See Martin v. District of Columbia Court of Appeals, 506 U. S. 1 (1992) (per curiam).
2022-11-03
DISTRIBUTED for Conference of 11/18/2022.
2022-09-14
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 19, 2022)

Attorneys

John Lambros
John Gregory Lambros — Petitioner