[WSBARP] State court judgment before federal court removal was fully processed?

[Danielle Flatt]

Good morning listmates,

I'm wondering if anybody has encountered a situation before where the state
court judgment was obtained before the Notice of Removal to Federal court
was processed and before any other parties or judge got notice.

A pro se defendant must have read on the internet that removing to federal
court could delay/prevent getting an eviction judgment. The basic facts are:

   - Monday defendant files notice of removal, but only provides notice to
   Plaintiff by mail which doesn't arrive until the following week.
   - Wednesday defendant files copy of removal in state court, but it's not
   processed or available to view on the public docket.
   - Thursday AM, hearing occurs. Defendant doesn't come to court. Neither
   Plaintiff nor Judge have knowledge that case has been removed.
   - Thursday PM, Plaintiff learns of removal through ECF notice only
      - Monday PM, state court finally has removal notice available for
      viewing.

Federal court's position is that they acquire jurisdiction the moment
something is received, not processed and given a case number.

What to do about this train that's set in motion down the tracks? Is the
Thursday morning judgment a nullity if nobody except the defendant knew
about the removal?

Does Plaintiff have to voluntarily vacate the Thursday judgment, then move
for remand and then set another hearing? Or pretend the first judgment
didn't happen, and set a second show cause hearing after remand?  Is there
any 'safe harbor' due to the processing delays?

Thanks for your insights.


Best Regards,

DANIELLE FLATT | ATTORNEY | DIMENSION LAW GROUP PLLC
130 Andover Park East, Suite 300 | Tukwila, WA 98188
t: *206.973.3500 *| f: *206.577.5090*| e: *danielle at dimensionlaw.com
<danielle at dimensionlaw.com>*| www.dimensionlaw.com



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