Legal Opinion
U.S.E. Productions, Ltd. v. Marvel Enterprises, Inc.
District Court, S.D. New York
Decided March 30, 2004No. 04 Civ. 1708(VM)PublishedCited by 4 opinions
1Opinion of the Court
DECISION AND ORDER
MARRERO, District Judge.
The defendants filed a notice of removal in this action based upon the alleged diversity of the parties. Because the defendants have yet to be served with an initial pleading, the Court concludes that removal is premature and sua sponte orders the case to be remanded back to state court.
I. BACKGROUND
Plaintiffs U.S.E. Productions, Ltd. (“U.S.E.”) and Ultimate Shows & Entertainment, Inc. (“Ultimate Shows,” and collectively, “Plaintiffs”) filed a summons with notice in New York state court against defendants Marvel Enterprises, Inc. and Marvel…
2Cases cited2 opinions
- Whitaker v. American Telecasting, Inc.Court of Appeals for the Second Circuit · 2001
- Foster v. Mutual Fire, Marine & Inland InsuranceCourt of Appeals for the Third Circuit · 1993
3Cited by4 opinions
- MBIA Ins. Corp. v. Royal Bank of CanadaDistrict Court, S.D. New York · 2009
- Doe v. Nassau County Police DepartmentDistrict Court, E.D. New York · 2016
- David Condrington v. Raymours Furniture Co., Inc.District Court, E.D. New York · 2026
- Russell v. Lamothermic Precision Casting Corp.District Court, S.D. New York · 2020