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Pierre-Jean Nguyen v. American Express Company

Removal Notice Untimely, Codefendants Consent for Removal Not Obtained

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Plaintiffs Pierre-Jean Nguyen (“Nguyen”), Huracan Capital, LLC (“Huracan”), and SCCS, LP (“SCCS”) (collectively the “Plaintiffs”) have moved pursuant to 28 U.S.C. §1447(c) to remand this action against American Express Company and American Express Centurion Bank (collectively “AmEx” or the “Defendants”) to the Supreme Court of the State of New York, New York County (the “State Court”). Plaintiff’s also seek an award for costs, expenses, and attorneys’ fees incurred because of removal. Based on the facts and conclusions set forth below, the motion of the Plaintiff is granted, and the action is remanded to the State Court. The Plaintiffs’ motion for costs, expenses, and attorneys’ fees is denied.I. Prior ProceedingsPlaintiff initiated this action by filing a Summons and Verified Complaint with the State Court on April 14, 2017, bringing claims against Studio Otto NYC, Inc. and Pasquale De Stefano (the “Other Defendants”) and AmEx involving a series of transactions for the sale of luxury leather goods totaling $785,000.

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