Opinion

PERSINKO v. CLINTON TOWNSHIP BOARD OF EDUCATION D/B/A CLINTON TOWNSHIP SCHOOL DISTRICT D/B/A SPRUCE RUN SCHOOL

Court
District Court, D. New Jersey
Filed
Apr 11, 2022
Cited by
0 cases
Authority
More cited than 25.4%

noting that § 1441(b)(2) “precludes removal on the basis of in-state citizenship only when the defendant has been properly joined and served”

How later courts described this case

  • noting that § 1441(b)(2) “precludes removal on the basis of in-state citizenship only when the defendant has been properly joined and served”

Written by the judges who cited it.

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

ROY PERSINKO,

Plaintiff,

Civil Action No. 21-17352 (MAS) (TJB)

© MEMORANDUM OPINION

CLINTON TOWNSHIP BOARD OF

EDUCATION ef al, .

Defendants.

SHIPP, District Judge

This matter comes before the Court on Plaintiff Roy Persinko’s (“Persinko”) Motion to

Remand this case back to the Superior Court of New Jersey, Hunterdon County, Civil Division.

(ECF No. 5.) Defendants John Sirotnak (“Sirotnak”), the Clinton Township Board of Education

(the “Board”), and Spruce Run School (the “School,” and collectively “Defendants”) do not

oppose Persinko’s Motion. Having considered Persinko’s submission, the Court decides this

matter without oral argument under Local Civil Rule 78.1. For the reasons below, the Court

remands this action.

L BACKGROUND

Only the procedural facts are relevant for disposition of this matter. This case arrived to

the Court by way of Defendants’ removal, which invoked the Court’s diversity jurisdiction under

28 U.S.C. § 1332. (ECF No. 1.) Persinko is a California resident; Defendants are New Jersey

citizens. (Compl. fff 1, 4-5, 8, ECF No. 5-3.) Persinko served Sirotnak on September 16, 2021, and

served the Board on September 20, 2021. (See PI.’s Mot. Ex. B, Sirotnak Aff. of Service, ECF No.

5-4; Pl.’s Mot. Ex. C, Board Aff. of Service, ECF No. 5-5.) Persinko has not served the School.

(Pl.’s Moving Br. 1, ECF No. 5-1.) Defendants timely filed their notice of removal on September

22, 2021. (ECF No. 1.)

Il. DISCUSSION

A straightforward application of the forum-defendant rule resolves this case. Under that

rule, “[a] civil action otherwise removable solely on the basis of [diversity jurisdiction] may not

be removed if any of the parties in interest properly joined and served as defendants is a citizen of

the State in which such action is brought.” 28 U.S.C. § 1441(b)(2). Defendants’ removal is

improper under this rule. Defendants are New Jersey citizens that need not fear the “likelihood of

local bias” because that bias is “too remote to warrant removal.” Fields v. Organon USA Inc., No.

07-2922, 2007 WL 4365312, at *3 (D.N.J. Dec. 12, 2007) (citing Dresser Indus., Inc. v.

Underwriters at Lloyd’s of London, 106 F.3d 494, 499 (3d Cir. 1997)). Nor does snap removal

save Defendants because Persinko properly served at least two of them before they removed. See

Encompass Ins. Co. v. Stone Mansion Rest. Inc., 902 F.3d 147, 152 (3d Cir. 2018) (noting that

§ 1441(b)(2) “precludes removal on the basis of in-state citizenship only when the defendant has

been properly joined and served”),

Tl. CONCLUSION

The Court grants Persinko’s Motion to Remand and remands this case to the Superior Court

of New Jersey, Hunterdon County, Civil Division. The Court will issue an order consistent with

this Memorandum Opinion.

UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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