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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience:  NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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I have a procedural question. In Florida I had a state case

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I have a procedural question. In Florida I had a state case that was removed to federal, and since it almost identical to a federal case I had also filed the two were consolidated by the judge. However the removed case had a remand decision pending that had not yet been ruled on.

My question is this: I want to object to the consolidation as I am within 14 days of the order, but I do not want to offend the Court (which has been exceedingly generous with me so far) by telling her that part of the case does not belong in her court and that I preferred it be decided in the State Court due to important compelling state interests in the enforcement of its own version of the federal law involved.

How can I best do this? Can I motion an objection to the consolidation in a nice way? or should I perhaps motion for partial remand? Please let me know what legal authority I can point to, if only one statute or case. I am acting pro se in this.
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Hi and welcome,

Let me see if there is a specific rule in the FRCP that covers this


I have reviewed Rule 9027 of the Federal Rules of Civil Procedure which govern removal. There are no statutes that refer to your unique situation.

You can make a motion and handle it delicately. Judges get motions all the time that challenge what they have done. Don't say "the case doesn't belong in your court"

The motion should generally contain

1. A recitation of the existence of the original federal case

2. The subsequent removal of the state case to the court.

3. The consolidation of the two cases by the court.

4. The fact that there is an outstanding remand decision pending regarding the removal of the state case.

and then say:

Prior to finalizing the consolidation of both cases, I respectfully XXXXX XXXXX Honorable Court:

1. To decide the Motion to Remand the state case before these cases proceed.; and

2. To issue an order staying all proceedings before this Court until the Motion to Remand is decided.

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rvlaw, Attorney
Category: Business Law
Satisfied Customers: 8386
Experience: NYC Trial Attorney 30+ years; Law professor ; BUSINESS LAW; CONTRACTS; TORTS; Arbitrator
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