ClipperJet Inc. v. TysonAnnotate this Case
After defendant Randal Tyson’s first failed attempt at removing the case to federal court, his codefendant, Dulany Hill, filed a second notice of removal. Hill’s notice of removal was identical to the one Tyson had filed, merely substituting Hill’s name in the place of Tyson's. During this second removal period, the court denied defendant’s untimely motion to strike, which was fully briefed before the second notice of removal was filed. Less than a month later, the federal court again remanded the case. Thereafter, defendant failed to respond to the complaint or to appear for a case management conference. The court entered defendant’s default. Defendant took no further action in the case until eight months after the remand, when he moved to set aside the default. The court denied the motion and entered a default judgment against defendant. Defendant appealed the default judgment, contending the court did not have jurisdiction to rule on his motion to strike while the case was removed to federal court. He claimed the court’s ruling on the motion to strike, while it purportedly lacked jurisdiction, commenced an inappropriate responsive pleading timeline and resulted in a default judgment that the Court of Appeal should set aside. The Court of Appeal concluded the second notice of removal was untimely, frivolous, and duplicative. Under these unique circumstances, the trial court retained jurisdiction to rule on the motion to strike.