The TCPA- DC District Court Holds Removal Based On Supreme Court Recognition Of TCPA Claims Improper

FDS Restaurants, Inc. v. All Plumbing, Inc., Civ. No. 12-394 (RMC), 2012 WL 4052847 (D.D.C. Sept. 14, 2012). In FDS Restaurants, Inc. v. All Plumbing, Inc., Defendants sought to remove a TCPA case to federal court, arguing that the United States Supreme Court's holding in Mims v. Arrow Fin. Servs. LLC, 132 S.Ct. 740 (2012) recognizing that the TCPA creates federal question jurisdiction was a triggering event allowing removal. While cases not originally removable can be removed within 30 days after receipt through service or otherwise of an amended pleading motion, order, or other paper from which it may be first ascertained that the case is one which is or has become removable, the court stated that the decision in Mims was not an “order or other paper.” The Court reached this conclusion stating that the opinion is not a document generated in the state court litigation and it is not an order in another case in which Defendants were parties. The court added that while Mims clarified that concurrent federal jurisdiction applied to TCPA claims, the decision recognized, but did not create, federal jurisdiction. The Court then went on to state that even if it were to find that Mims was a triggering event for the purpose removal, Defendants still missed the 30—day deadline to remove the case, which was March 9, 2012. 

Posted in: Jurisdiction

About The TCPA Blog

Email/Comment Policy


Jump to Page
Arrow icon Top

Contact Us

We use cookies to improve your website experience, provide additional security, and remember you when you return to the website. This website does not respond to "Do Not Track" signals. By clicking "Accept," you agree to our use of cookies. To learn more about how we use cookies, please see our Privacy Policy.

Necessary Cookies

Necessary cookies enable core functionality such as security, network management, and accessibility. These cookies may only be disabled by changing your browser settings, but this may affect how the website functions.

Analytical Cookies

Analytical cookies help us improve our website by collecting and reporting information on its usage. We access and process information from these cookies at an aggregate level.