OPINION & ORDER
Pending before the Court are two motions: (1) a motion by Ritchie Capital Management, LLC and its five fellow plaintiffs (collectively, “Ritchie”) to remand this case to state court, on the ground that defendant General Electric Capital Corpo
I. Factual and Procedural Background
In or around 2000, GECC had a brief lending relationship with two entities affiliated with Thomas Petters. Dkt. 8, Ex. A. In 2008, Ritchie invested with Petters and allegedly lost $157 million. Dkt. 1, Ex. A. In 2009, Petters was convicted of committing a $8.65 billion Ponzi scheme and sentenced to 50 years’ imprisonment. See United States v. Thomas J. Petters, No. 08 Cr. 364(RHK)(AJB) (D.Minn.); see generally U.S. Dept, of Justice News Release, “Tom Petters sentenced to 50 years in federal prison for orchestrating $3.7 billion Ponzi scheme,” Apr. 8, 2010, available at http://www.justice.gov/usao/mn/econ/econ 0413.pdf (last visited January 13, 2015).
On September 23, 2014, Ritchie filed suit against GECC in New York State Supreme Court in Manhattan, initiating the suit by means of a Summons with Notice. Dkt. 1, Ex. A. Ritchie alleged that GECC had discovered Petters’ Ponzi scheme in 2000, but had chosen not to disclose the fraud in order “to insure that GECC would be paid” back. Id. Ritchie alleged that by 2002, GECC had “ma[d]e a large profit” from its business with Petters, and thereafter allowed Petters to “use GECC’s recommendation” and reputation in order “to victimize many more lenders, including [Ritchie] in February 2008.” Id. Ritchie sought at least $157 million in damages from GECC. Id. Its causes of action, all under state law, include conspiracy to defraud and aiding and abetting Petters’ fraud. Id.
On September 25, 2014, GECC was served with Ritchie’s Summons with Notice. Dkt. 16, Ex. B. Under 28 U.S.C. § 1446(b)(1), a party has 30 days to remove a case from state court to federal court. Although, as reviewed below, the parties disagree whether the 30-day clock for measuring the removal deadline began to run on the date of service, they agree that, if it did, under the Rules of Civil Procedure, the 30th day after September 25, 2014 was Monday, October 27, 2014.
For purposes of diversity jurisdiction, GECC is a citizen of Delaware and Connecticut. Dkt. 24, at 5. The citizenship of the six plaintiffs, however, was not disclosed in the Summons with Notice. See Dkt. 1, Ex. A. Two are LLCs, which have the citizenship of each of their members. Handelsman v. Bedford Vill. Assocs. Ltd. P’ship,
On October 28, 2014, Ritchie’s attorney informed GECC telephonically that (1) Ritchie was not a citizen of Connecticut or Delaware, and (2) the correct date of service was actually September 25, not September 29, 2014. Dkt. 25.
The next day — October 29, 2014 — GECC filed its notice of removal. Dkt. 1. The notice recited two grounds for removal: (1) diversity of citizenship, and (2) that the action is “related to” two bankruptcy proceedings currently ongoing in federal court. Id.
On November 14, 2014, GECC filed a motion with the JPML, seeking the transfer and consolidation of four actions pursuant to 28 U.S.C. § 1407. See Dkt. 7. As GECC explained, Ritchie’s suit against GECC is the fourth suit filed against GECC arising out of its relationship with Petters’ affiliates. Each suit alleges that GECC discovered Petters’ Ponzi scheme but agreed with Petters not to disclose it in exchange for repayment of GECC’s. existing loans to Petters. See Dkt. 8, Ex. A (citing Mukamal v. Gen. Elec. Capital Corp. (In re Palm Beach Finance Partners, L.P.), No. 9:12-ap-01979 (Bankr.S.D.Fla.); Gecker v. Gen. Elec. Capital Corp., No. 14 Civ. 08447 (N.D.Ill.); Greenpond South, LLC v. Gen. Elec. Capital Corp., No. 14 Civ. 01214 (D.Minn.)). Ritchie has opposed GECC’s motion for consolidation and transfer. Dkt. 22, at 1. The JPML next meets on January 29, 2015. Dkt. 10, at 9.
On November 24, 2014, GECC moved this Court for a stay of all pretrial proceedings until the JPML rules on GECC’s consolidation motion. See Dkt. 8-10.
On November 26, 2014, Ritchie moved for remand to state court. See Dkt. 14-16. Ritchie acknowledged that the case meets the requirements of diversity jurisdiction, in that the parties are diverse and the amount in controversy exceeds $75,000. However, Ritchie argued, GECC’s removal was untimely because it came 32 days after GECC had been served, two days after the 30-day deadline set by 28 U.S.C. § 1446(b)(1). See generally Dkt. 15.
On December 8, 2014, Ritchie submitted a brief opposing GECC’s motion for a stay. See Dkt. 22-23. On December 10, 2014, GECC submitted a brief opposing Rit-chie’s remand motion. See Dkt. 24-25.
On January 9, 2015, the Court heard argument. Following argument, the Court notified counsel that it would deny Rit-chie’s remand motion and otherwise grant GECC’s motion to stay; the Court issued an order the same day memorializing that ruling. Dkt. 33. The Court advised the parties that a written opinion — this opinion — would follow.
II. Discussion
A. Motion to Remand
1. Legal Standards
“[A]ny civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.” 28 U.S.C. § 1441(a). As a general matter, removal jurisdiction must be “strictly construed,” Syngenta Crop Prot., Inc. v. Henson,
Because the requirements of diversity jurisdiction — complete diversity and an amount in controversy exceeding $75,000— are undisputedly met here, see Strawbridge v. Curtiss,
A court presented with both a remand motion and a motion to stay a case pending the JPML’s resolution of a transfer motion has discretion as to whether to resolve the remand motion. See Med. Soc’y of N.Y. v. Conn. Gen. Corp.,
2. Analysis
The Court’s determination is that (1) it is proper and sensible to decide Ritchie’s remand motion now; and (2) on the merits, that remand motion should be denied.
As to the former, the remand issue which Ritchie raises is specific to this lawsuit. It turns solely on whether GECC’s removal to federal court was timely. That issue does not arise in, and has no bearing upon, the cases which GECC seeks to consolidate with this one.
On the merits, the sole issue is the timeliness of GECC’s removal. With respect to diversity jurisdiction, it cannot seriously be disputed that GECC’s removal was timely. Where the face of the plaintiff’s pleadings do not reveal the fact of federal jurisdiction, the statutory 30-day deadline for filing a notice of removal does not begin to run. 28 U.S.C. § 1446(b)(3). And a defendant does not have an independent duty to investigate whether a case is removable. See, e.g., Whitaker v. Am. Telecasting, Inc.,
Here, Ritchie’s Summons with Notice did not disclose plaintiffs’ citizenship, including of the two plaintiff LLCs. See Dkt. 1, Ex. A. And despite repeated inquiries to opposing counsel over the ensuing weeks, GECC was first notified on October 28, 2014 that plaintiffs’ citizenship did not destroy diversity. The very next day, October 29, 2014, it filed its notice of removal.
In light of this, Ritchie’s basis for claiming an untimely removal relies on the fact that, in its removal notice, GECC recited an alternative ground for removal: that plaintiffs’ lawsuit was “related to” pending proceedings in United States Bankruptcy Court. Ritchie argues that the 30-day deadline for GECC to remove on this ground began to run upon service of the Summons with Notice; that GECC’s removal on this ground was untimely; and that GECC’s untimeliness in removing on “related to” grounds makes the overall notice of removal untimely. Dkt. 15.
For two reasons, the Court rejects this argument.
First, much as Ritchie’s Summons did not disclose the basis for claiming diversity jurisdiction, it did not disclose the fact of “related to” jurisdiction. (And indeed, Ritchie “vigorously contests” that “related to” jurisdiction lies here. See Dkt. 15, at 1 n. 1.) Whether removal based on “related to” jurisdiction under, 28 U.S.C. § 1452(a) was proper turns
on the scope of federal jurisdiction under 28 U.S.C. § 1334. Section 1334, in turn, provides in pertinent part: “[T]he district courts shall have original but not exclusive jurisdiction of all civil proceedings ... related to cases under title 11,” of the United States Bankruptcy Code. Thus, the crux of the jurisdictional dispute is whether [plaintiffs’] claims, which [are pled] solely under [ ] state law, are sufficiently ‘related to’ the bankruptcies] to establish federal jurisdiction. A civil proceeding is ‘related to’ a title 11 case if the action’s outcome might have any conceivable effect on the bankrupt estate.
Deangelis v. Corzine,
Here, however, the existence of “related to” jurisdiction was not ascertainable from the face of Ritchie’s Summons with Notice. The Summons with Notice does not disclose the fact of either bankruptcy proceedings — that of Petters or that of Palm Beach Finance Partners — on which GECC’s later removal (see note 5, supra) was based. See Dkt. 1, Ex. A. Still less does it supply a basis on which to conclude that Ritchie’s state-law claims (which sound in conspiracy and fraud) would have any impact on either bankruptcy estate. With only the spare Summons with Notice in hand, one would not know, for example, whether any of the six plaintiffs here stood to be a claimant in either proceeding. See, e.g., Cutrone,
Ritchie notes that GECC’s removal notice ultimately did invoke “related to” jurisdiction as an alternative basis for federal jurisdiction to diversity of citizenship. But that GECC itself subjectively knew or learned enough about the two bankruptcy proceedings to invoke such jurisdiction does not mean that Ritchie’s Summons with Notice triggered the running of the removal clock. The case law instead imposes a bright-line rule, based on the face of the plaintiff’s pleading or other written submissions. See Moltner,
Second, even if the 30-day clock for removing on “related to” "grounds had been triggered by Ritchie’s Summons with Notice, GECC’s removal notice would be untimely only as to that particular ground of removal. Ritchie has not supplied the Court with any authority holding that where removability on the ground of diversity of citizenship emerges only later, a defendant may not remove on that ground if it did not earlier remove on “related to” grounds that were arguably available. And such a holding would be particularly problematic here, where (1) defendant GECC persistently pressed Ritchie’s counsel for information about plaintiffs’ citizenship, but its inquiries were not answered in the 30 days following service of the Summons with Notice; and (2) Ritchie vigorously disputes whether, in fact, “related to” jurisdiction exists. Further, Ritchie conceded at argument that had GECC’s removal notice recited only diversity of citizenship as the grounds for removal, there would be no basis for claiming untimely removal. GECC’s decision to recite alternative grounds for removal in its notice ought not affect the timeliness of its removal on diversity grounds.
Accordingly, because the requirements of diversity jurisdiction are met and GECC timely removed, federal jurisdiction is proper. Ritchie’s motion to remand the case is, therefore, denied.
B. Motion to Stay
At argument, both parties agreed that, if the Court denied Ritchie’s remand motion, a stay would be merited pending resolution of GECC’s motion before the JPML panel for transfer and consolidation. The Court agrees.
“Courts considering stay applications must ‘exercise [their] judgment’ ” and “ ‘weigh competing interests.’ ” Royal
Measured against these familiar principles, the motion for a stay of proceedings in this Court is clearly meritorious. First, the stay GECC seeks is short, as the JPML meets on January 29, 2015 and is likely to resolve GECC’s motion promptly. Dkt. 10, at 9. A short stay will not prejudice plaintiffs. See, e.g., Royal Park Invs.,
Second, if the case is not stayed, GECC will potentially face duplicative proceedings and inconsistent or inefficient discovery regimes. GECC is the sole defendant in four federal lawsuits, each in a different district, all arising out of GECC’s brief lending relationship with Petters in or around 2000. The lawsuits appear likely to implicate overlapping core facts, documents, witnesses, and legal theories, and may involve extensive discovery. A stay assures that discovery will not commence in multiple proceedings until the MDL panel has ruled on whether consolidation is merited.
The remaining factors similarly support a stay. Most notably, a stay serves the judicial and public interest in letting the JPML decide if the interests in efficiency and economy favor consolidation and transfer. See 28 U.S.C. § 1407; Royal Park Invs.,
The Court, therefore, stays proceedings in this case.
CONCLUSION
For the foregoing reasons, the Court denies Ritchie’s motion for remand, and otherwise grants GECC’s motion for a stay pending the resolution of GECC’s mo
SO ORDERED.
Notes
.These background facts are derived from GECC’s removal notice and the parties’ submissions on the pending remand motion and the motion to stay. See GECC’s Notice of Removal, Dkt. 1; Ritchie’s Summons with Notice, id. Ex. A; GECC’s motion for a stay, memorandum of law, and declaration, Dkt. 8, 9, 10; Ritchie's brief in opposition and declaration, Dkt. 22, 23; and GECC’s reply brief and declaration, Dkt. 27, 28; as well as Rit-chie's motion for remand, memorandum of law, and declaration, Dkt. 14, 15, 16; GECC’s brief in opposition and declaration, Dkt: 24, 25; and Ritchie’s reply brief, Dkt. 30.
. October 25, 2014 (which by the calendar is 30 days after September 25, 2014) was a Saturday. Under Federal Rule of Civil Procedure 6(a)(1)(C), however, a deadline cannot fall on a weekend.
. The six plaintiffs are Ritchie Capital Management, LLC; Ritchie Capital Management, Ltd.; Ritchie Special Credit Investments,
. GECC had incorrectly recorded the date of service as September 29, 2014. Dkt. 24.
. The two bankruptcy proceedings are In re Palm Beach Finance Partners, L.P., Bankr.No. 09-36379(BKC)(PGH) (Bankr.S.D.Fla.), and In re Petters Co., No. 08-45257(GFK) (Bankr.D.Minn.).
. As the ensuing discussion reflects, the Court has no occasion to resolve the one issue relating to remand that potentially could be relevant to the other Petters-related lawsuits which GECC seeks to consolidate: whether, apart from diversity of citizenship, federal jurisdiction is merited on the additional ground that this case is "related to” pending bankruptcy proceedings.
