Sharon L. Stevenson v. Employment Security Dept.

Summary

The United States District Court for the Eastern District of Washington remanded the case to Spokane County Superior Court because removal is limited to defendants under 28 U.S.C. § 1441 and Ninth Circuit precedent. The court granted the defendant’s motion to remand and dismissed the plaintiff’s motion for leave to amend as moot.

Holdings

1. A plaintiff may not remove a state-court action to federal court because the federal removal statute limits the right of removal to defendants.
2. Plaintiff's motion for leave to file an amended complaint was dismissed as moot after the case was remanded.

Questions Presented

1. Whether a plaintiff may remove a civil action from state court to federal court.
2. Whether Plaintiff's motion for leave to amend should be addressed after the case is remanded.

Disposition

remanded