Britton v. Gardner, No. 3:2014cv00683 - Document 23 (E.D. Va. 2015)
Court Description: MEMORANDUM OPINION. Signed by Magistrate Judge Roderick C. Young on 01/12/2015. (walk, )
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Britton v. Gardner Doc. 23 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA Richmond Division PATRICIA S. BRITTON, Plaintiff, Civil Action No. 3:14CV683 (RCY) V. EDWARD F. GARDNER, Defendant. MEMORANDUM OPINION This matter comes before the Court by consent of the parties pursuantto 28 U.S.C. § 636(c)(1) on Plaintiffs Motion and Notice for Order Remanding Actionto State Court (ECFNo. 7) and Defendant's Motion for Leave to File AmendedNotice of Removal (ECF No. 13). In resolving thesemotions, the Court mustdetermine whether Defendant's Original Notice of Removal (Notice of Removal, ("Original Notice"), ECFNo. 1) was satisfactory on its face and, if not, whetherDefendant should be granted leave to amendhis Original Notice. Because the Court finds that Defendant's Original Notice was defective, but also finds that Defendant should be permitted to amend the Original Notice, the Court DENIES Plaintiffs Motion (ECF No. 7) and GRANTS Defendant's Motion (ECF No. 13). I. PROCEDURAL POSTURE On September 10, 2014, Plaintiffinitially filed a Complaint against Defendant in this matter in the Circuit Court of the County of Henrico, Virginia, seeking $895,000 in compensatory damages (Complaint, ECF No. 1-1). On or about September22, 2014, process was served on the Secretary ofthe Commonwealth, Defendant's statutory agent.' (Original Notice 13.) On October 7, 2014, Defendant filed his Original Notice with this Court. In the Original Notice, Defendant alleged that ' Va. Code Ann. § 8.01-329. Dockets.Justia.com
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