Stern & Stern, P.C. v. Cornelia

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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STERN & STERN, P.C., On Behalf of
Municipal Credit Union,
Plaintiff,
-against-
ANGELINE CORNELIA,
Defendant.
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MEMORANDUM & ORDER
25-CV-5031 (EK)(RML)
ERIC KOMITEE, United States District Judge:
On December 9, 2025, pro se defendant Angeline Cornelia
filed 	a 	notice 	of 	removal 	purporting 	to 	remove 	a 	consumer 	debt
collection 	action 	from 	the 	Civil 	Court 	of 	the 	City 	of 	New 	York,
Kings 	County 	to 	this 	Court. 	ECF 	No. 	1. 	Cornelia’s 	request 	to
proceed in forma pauperis is granted. 	However, for the following
reasons, this action is remanded pursuant to 28 U.S.C. § 1447(c).
First, 	the 	Court 	lacks 	subject-matter 	jurisdiction.
Cornelia 	alleges 	there 	is 	federal-question 	jurisdiction 	because
her 	“Answer 	and 	Counterclaims 	include 	claims 	arising 	under 	the
laws 	of 	the 	United 	States, 	specifically 	the 	Fair 	Debt 	Collection
Practices 	Act.” 	ECF 	No. 	1, 	at 	2. 	But 	“[u]nder 	the 	well-pleaded
complaint 	rule, 	a 	defendant 	generally 	may 	not 	remove 	a 	case 	to
federal 	court 	unless 	the 	plaintiff’s 	complaint 	establishes 	that
the case arises under federal law.” 	McCulloch Orthopaedic Surgical
Servs., 	PLLC 	v. 	Aetna 	Inc., 	857 	F.3d 	141, 	145 	(2d 	Cir. 	2017)
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(emphasis added).1 	And the complaint here does not raise any claim
arising under federal law.
Second, 	the 	removal 	is 	untimely. 	A 	notice 	of 	removal
must be filed “within 30 days after the receipt by the defendant,
through 	service 	or 	otherwise, 	of 	a 	copy 	of 	the 	initial 	pleading
setting 	forth 	the 	claim 	for 	relief.” 	28 	U.S.C. 	§ 	1446(b)(1).
Cornelia 	claims 	that 	she 	“was 	never 	served 	with 	a 	Summons 	and
Complaint 	in 	this 	action” 	and 	“first 	became 	aware 	of 	this 	case
when 	[she] 	received 	a 	notice 	from 	[the] 	court 	regarding 	a
filing . . . .” 	ECF 	No. 	1, 	at 	20. 	Even 	assuming 	that 	is 	true,
Cornelia 	was 	at 	least 	aware 	of 	this 	action 	by 	the 	time 	she 	filed
her answer on September 4. 	Id. at 12-15. 	Therefore, her deadline
to remove this action was October 6.
This action is therefore remanded to the Civil Court of
the 	City 	of 	New 	York, 	Kings 	County 	under 	Index 	Number 	CV-009306-
25/KI. 	The 	Clerk 	of 	Court 	is 	respectfully 	directed 	to 	send 	a
certified 	copy 	of 	this 	Order 	to 	the 	Clerk 	of 	the 	Civil 	Court 	of
the City of New York, Kings County, and to close this case.
SO ORDERED.
/s/ Eric Komitee
ERIC KOMITEE
United States District Judge
Dated: 	December 17, 2025
Brooklyn, New York
1 Unless otherwise noted, when quoting judicial decisions this order
accepts all alterations and omits all citations, footnotes, and internal
quotation marks.
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