Local Rule LCR 101: REMOVED CASES
W.D. Wash. — Civil rule
LCR 101
REMOVED CASES
(a) Unspecified Damages in Complaint.
If the complaint filed in state court does not set forth the dollar amount prayed for, a removal petition shall nevertheless be governed by the time limitation of 28 U.S.C. § 1446(b) if a reasonable person, reading the complaint of the plaintiff, would conclude that the plaintiff was seeking damages in an amount greater than the minimum jurisdictional amount of this court. The notice of removal shall in that event set forth the reasons which cause petitioner to have a good faith belief that the plaintiff is seeking damages in excess of the jurisdictional amount of this court notwithstanding the fact that the prayer of the complaint does not specify the dollar damages being sought.
(b) Documents to Be Filed with Notice of Removal.
In cases removed from state court, the removing defendant(s) shall file contemporaneously with the notice of removal
(1) A copy of the operative complaint, which must be attached as a separate "attachment" in the electronic filing system and labeled as the "complaint" or "amended complaint."
(2) A certificate of service which lists all counsel and pro se parties who have appeared in the action with their contact information, including email address.
(3) A copy of any Jury Demand filed in the state court, which must be filed as an attachment and labeled "Jury Demand."
(4) A completed Civil Cover Sheet (AO44).
(5) Black-on-white copies of all additional records and proceedings in the state court, together with defendant's or defense counsel's verification that they are true and complete copies of all the records and proceedings in the state court proceeding. The copies need not be certified or exemplified by the state court, and the added cost of certification or exemplification will not be allowed as a cost item under 28 U.S.C. § 1920(4) unless certification is required after an opposing party challenges the accuracy of the copies.
(c) Motions Pending at Time of Removal.
If a motion is pending and undecided in the state court at the time of removal, it will not be considered unless and until the moving party files and notes the motion on this court's calendar in accordance with LCR 7(d).
(d) Preserving Right to Jury Trial.
In a case removed from state court, a party must comply with Fed. R. Civ. P. 81(c) to preserve any right to a trial by jury.
(e) Identification of Citizenship.
If the removal is based on diversity, the notice of removal must also, to the extent possible, identify the citizenship of the parties, and, if any of the parties is a limited liability corporation (LLC), a limited liability partnership (LLP), or a partnership, identify the citizenship of the owners/partners/members of those entities to establish the court's jurisdiction.
(f) Bankruptcy Cases.
Parties asserting removal under 28 U.S.C. § 1452 ("Removal of claims related to bankruptcy cases") should file their notice of removal with the Clerk of the Bankruptcy Court. A party should not file the notice with the Clerk of the District Court for the Western District of Washington.