Local Rule Rule 5.3: Removal and Post-Removal Procedure

Rule 5.3 Removal and Post-Removal Procedure

(a) Filing of State-Court Documents and Other Documents.

(1) Any party who files a notice of removal shall file with the notice a civil cover sheet, a supplemental removal cover sheet (available from the clerk), and true and legible copies of all process, pleadings, orders, and other documents that have been served on the party in state court, excluding discovery. The removing party shall file each served state-court document as a separate and distinctly titled exhibit to the notice of removal.

(2) No later than 7 days after the filing of the notice of removal, the removing party shall file the notice that the party filed in state court to comply with 28 U.S.C. § 1446(d).

(3) Except for the filing of a supplemental removal cover sheet, subsection (a) of this rule shall not apply to removals pursuant to 28 U.S.C. § 1442(d)(1).

(b) Notices of Appearance in Removed Cases.

(1) The removal of a case to this court does not relieve attorneys who appeared in the other court of their obligations to their clients.

(2) Within 14 days after removal, attorneys for all parties in the state-court action shall file either a notice of appearance, a notice of substitution of attorney, or a motion to withdraw in accordance with Local Civil Rule 5.2. Any unrepresented person at the time of removal shall file a notice of self-representation in accordance with Local Civil Rule 5.2(b)(1) within 14 days after removal.

(3) An attorney in a removed action who is eligible for admission to the bar of this court but is not yet admitted may file an application for admission to the bar of this court at or before the time of the attorney's notice of appearance. In that instance, the notice of appearance shall state expressly that it is contingent on the attorney's application for admission being granted.

(4) If an attorney is not an electronic filer in this district, the attorney may file the motion to withdraw or notice of appearance in paper form, as long as a motion for leave to file in paper form accompanies the motion to withdraw or notice of appearance.

(c) Pending Motions at the Time of Removal.

(1) A party filing a notice of removal shall list on the supplemental removal cover sheet any motion filed in the state court that is pending at the time of removal.

(2) If, at the time of removal, a motion is pending for which no supporting memorandum of law has been submitted to the state court, the movant on that motion shall file a supporting memorandum within 14 days of the date of removal, unless the motion is of a type covered by Local Civil Rule 77.2 or unless otherwise ordered by the court. The Local Civil Rule 7.1(f) deadline for a response to the motion runs from the date of the movant's filing of a supporting memorandum in this court.

(3) If, at the time of removal, a pending motion was supported by a memorandum of law, any response to that motion shall be filed 21 days after the removal, unless otherwise ordered by the court.

(4) Subsection (c) of this rule shall not apply to proceedings removed pursuant to 28 U.S.C. § 1442(d)(1) unless the pending motion relates to the proceeding being removed.

(d) Disclosure of Affiliations and Financial Interest.

Within 14 days after the filing of a notice of removal, all parties shall make the disclosures required by Local Civil Rule 7.3, regardless of the provisions of subsection (b) of this rule and Local Civil Rule 5.2(a).

(e) Cases Related to Bankruptcy Cases.

Removals under 28 U.S.C. § 1452 or 28 U.S.C. § 1441 in cases related to bankruptcy cases shall be filed with the bankruptcy court.