Scribd Logo
Upload

Welcome to Scribd!

  • 38K views

    Kaplan Order in Carroll Defamation Case

    Uploaded by

    Law&Crime
    The SDNY admonished the DOJ for its second failed attempt at having the U.S. substituted as the defendant in a lawsuit originally filed against President Trump.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd

    Kaplan Order in Carroll Defamation Case

    Uploaded by

    Law&Crime
    38K views2 pages
    The SDNY admonished the DOJ for its second failed attempt at having the U.S. substituted as the defendant in a lawsuit originally filed against President Trump.

    Copyright

    © © All Rights Reserved

    Available Formats

    PDF, TXT or read online from Scribd

    Did you find this document useful?

    Is this content inappropriate?

    The SDNY admonished the DOJ for its second failed attempt at having the U.S. substituted as the defendant in a lawsuit originally filed against President Trump.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    38K views2 pages

    Kaplan Order in Carroll Defamation Case

    Uploaded by

    Law&Crime
    The SDNY admonished the DOJ for its second failed attempt at having the U.S. substituted as the defendant in a lawsuit originally filed against President Trump.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    Case 1:20-cv-07311-LAK Document 13 Filed 09/15/20 Page 1 of 2

    UNITED STATES DISTRICT COURT


    SOUTHERN DISTRICT OF NEW YORK
    ------------------------------------------x
    E. JEAN CARROLL,

    Plaintiff,

    -against- 20-cv-7311 (LAK)

    DONALD J. TRUMP in his personal capacity,

    Defendant.
    ------------------------------------------x

    ORDER

    LEWIS A. KAPLAN, District Judge.

    On September 8, 2020, the United States of America (1) purported to remove this
    action from the Supreme Court of the State of New York pursuant to the Westfall Act, and (2) filed
    a motion to substitute itself for Donald J. Trump in his personal capacity as the defendant.

    When a defendant removes an action from a state court, the defendant is obliged to
    attach to the notice of removal that the defendant must file in the federal court “a copy of all process,
    pleadings, and orders served upon such defendant or defendants in such action.” 28 U.S.C. §
    1446(a). The United States’ notice of removal attached as exhibits papers from the state court but
    omitted all exhibits to those papers while promising that it would lodge the entire state court record
    separately. Notice of removal [Dkt. 1, ¶ 6 & n. 1]

    Today the United States filed a notice of the lodging of the entire state court record
    as of the time of removal. [Dkt. 12] Attached to that notice are 820 pages that comprise 12
    attachments. These are described as follows:

    Attachment Description
    1 Process, Pleadings, and Orders Part 1 114 pages 5.7 mb
    2 Process, Pleadings, and Orders Part 2 159 pages 7.3 mb
    3 Process, Pleadings, and Orders Part 3 7 pages 2.6 mb
    4 Process, Pleadings, and Orders Part 4 6 pages 9.3 mb
    5 Process, Pleadings, and Orders Part 5 13 pages 6.0 mb
    6 Process, Pleadings, and Orders Part 6 149 pages 6.4 mb
    7 Process, Pleadings, and Orders Part 7 38 pages 6.0 mb
    8 Process, Pleadings, and Orders Part 8 35 pages 7.9 mb
    Case 1:20-cv-07311-LAK Document 13 Filed 09/15/20 Page 2 of 2

    You might also like