NOTICE of supplemental authority re [7] First MOTION to Remand to State Court by Trump Media & Technology Group Corp. (Roberts, Jared) Modified on 10/6/2023 (CTR).
Page 1 PageID
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
Case No. 8:23-cv-v.
WP COMPANY, LLC,
Defendants.
NOTICE OF SUPPLEMENTAL AUTHORITY TO
MOTION FOR REMAND
In reviewing the filings in this matter, new counsel discovered that an
issue regarding the sufficiency of the removal notice in this matter was not
fully briefed by prior counsel. Since proper removal could affect this Court’s
subject matter jurisdiction, an ongoing defect that could affect this case at any
stage of the proceeding, Plaintiff Trump Media & Technology Group Corp
(“TMTG”) files this notice of supplemental authority pursuant to Local Rule
3.01(i). Should the Court so desire, TMTG will promptly file any supplemental
brief necessary or move to amend its motion, and will not oppose any response
by Defendant WP Company, LLC.
Pursuant to 28 U.S.C. § 1446(b):
The notice of removal of a civil action or proceeding shall be filed
within 30 days after the receipt by the defendant, through servicePage 2 PageID
or otherwise, of a copy of the initial pleading setting forth the claim
for relief upon which such action or proceeding is based, or within
30 days after the service of summons upon the defendant if such
initial pleading has then been filed in court and is not required to
be served on the defendant, whichever period is shorter.
28 U.S.C. § 1446(b). This action was initiated on May 20, 2023, and
Defendant’s “corrected” notice of removal was not filed until July 18, 2023—days after service on Defendant.
Thus, TMTG respectfully submits that this Court should consider the
foregoing timeline when evaluating Plaintiff’s pending Motion to Remand and
whether Defendant’s attempted removal complies with § 1446(b). “[S]tatutes
authorizing removal of actions to federal courts are to be strictly construed
against removal.” Diebel v. S.B. Trucking Co., 262 F. Supp. 2d 1319, 1326 (M.D.
Fla. 2003). “Deficiencies in the notice of removal can be corrected within the
thirty day time period; however, once the thirty day period has elapsed the
notice of removal may be amended only to set out more specially grounds of
removal that already have been stated, albeit, imperfectly in the original
petition.” Bradwell v. Silk Greenhouse, Inc., 828 F. Supp. 940, 943 (M.D. Fla.
1993) (citations omitted).
Dated: October 6,
Respectfully submitted,
/s/ Jared Roberts
Jared J. Roberts, Fla Bar No Page 3 PageID
BINNALL LAW GROUP, PLLC
717 King Street, Suite Alexandria, Virginia Phone: (703) 888-Fax: (703) 888-jared@binnall.com
Attorney for Plaintiff Page 4 PageID
CERTIFICATE OF SERVICE
I certify that on October 6, 2023, a copy of the foregoing was filed with
the Clerk of the Court using the Court’s CM/ECF system, which will send a
copy to all counsel of record.
/s/ Jared Roberts
Jared J. Roberts
Attorney for Plaintiff
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PlainSite Cover Page
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Case 8:23-cv-01535-TPB-AAS Document 34 Filed 10/06/23 Page 1 of 4 PageID 371
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Tampa Division
TRUMP MEDIA & TECHNOLOGY
GROUP CORP.,
Plaintiff,
Case No. 8:23-cv-01535
v.
WP COMPANY, LLC,
Defendants.
NOTICE OF SUPPLEMENTAL AUTHORITY TO
MOTION FOR REMAND
In reviewing the filings in this matter, new counsel discovered that an
issue regarding the sufficiency of the removal notice in this matter was not
fully briefed by prior counsel. Since proper removal could affect this Court’s
subject matter jurisdiction, an ongoing defect that could affect this case at any
stage of the proceeding, Plaintiff Trump Media & Technology Group Corp
(“TMTG”) files this notice of supplemental authority pursuant to Local Rule
3.01(i). Should the Court so desire, TMTG will promptly file any supplemental
brief necessary or move to amend its motion, and will not oppose any response
by Defendant WP Company, LLC.
Pursuant to 28 U.S.C. § 1446(b):
The notice of removal of a civil action or proceeding shall be filed
within 30 days after the receipt by the defendant, through service
PDF Page 3
Case 8:23-cv-01535-TPB-AAS Document 34 Filed 10/06/23 Page 2 of 4 PageID 372
or otherwise, of a copy of the initial pleading setting forth the claim
for relief upon which such action or proceeding is based, or within
30 days after the service of summons upon the defendant if such
initial pleading has then been filed in court and is not required to
be served on the defendant, whichever period is shorter.
28 U.S.C. § 1446(b). This action was initiated on May 20, 2023, and
Defendant’s “corrected” notice of removal was not filed until July 18, 2023—38
days after service on Defendant.
Thus, TMTG respectfully submits that this Court should consider the
foregoing timeline when evaluating Plaintiff’s pending Motion to Remand and
whether Defendant’s attempted removal complies with § 1446(b). “[S]tatutes
authorizing removal of actions to federal courts are to be strictly construed
against removal.” Diebel v. S.B. Trucking Co., 262 F. Supp. 2d 1319, 1326 (M.D.
Fla. 2003). “Deficiencies in the notice of removal can be corrected within the
thirty day time period; however, once the thirty day period has elapsed the
notice of removal may be amended only to set out more specially grounds of
removal that already have been stated, albeit, imperfectly in the original
petition.” Bradwell v. Silk Greenhouse, Inc., 828 F. Supp. 940, 943 (M.D. Fla.
1993) (citations omitted).
Dated: October 6, 2023
Respectfully submitted,
/s/ Jared Roberts
Jared J. Roberts, Fla Bar No
1036550
2
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Case 8:23-cv-01535-TPB-AAS Document 34 Filed 10/06/23 Page 3 of 4 PageID 373
BINNALL LAW GROUP, PLLC
717 King Street, Suite 200
Alexandria, Virginia 22314
Phone: (703) 888-1943
Fax: (703) 888-1930
jared@binnall.com
Attorney for Plaintiff
3
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Case 8:23-cv-01535-TPB-AAS Document 34 Filed 10/06/23 Page 4 of 4 PageID 374
CERTIFICATE OF SERVICE
I certify that on October 6, 2023, a copy of the foregoing was filed with
the Clerk of the Court using the Court’s CM/ECF system, which will send a
copy to all counsel of record.
/s/ Jared Roberts
Jared J. Roberts
Attorney for Plaintiff
4
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