Deangelo Johnson v. Trans Union LLC, et al.

Summary

The United States District Court for the Eastern District of Virginia granted Exeter Finance LLC’s motion to dismiss in a Fair Credit Reporting Act-related action. The court held that the Virginia state court retained jurisdiction because it had not received notice of removal before dismissing the case with prejudice, and that the federal court was bound by that judgment. The court concluded that no remaining case or controversy existed.

Holdings

1. A state court retains jurisdiction after a notice of removal is filed in federal court until a copy of the notice is filed with the state-court clerk as required by 28 U.S.C. § 1446(d).
2. The federal court could not review or otherwise disturb the state court's dismissal because the state court had jurisdiction when it entered that judgment.
3. The federal action had to be dismissed because the state court's dismissal with prejudice resolved the dispute and left no remaining case or controversy.

Questions Presented

1. Whether the state court retained jurisdiction when the defendant filed a notice of removal in federal court but did not file the notice with the state-court clerk.
2. Whether the federal court could review or disturb the state court's dismissal entered during the period of concurrent state and federal jurisdiction.
3. Whether the state court's dismissal eliminated any live case or controversy requiring dismissal of the federal action.

Disposition

dismissed