Opinion
23-13036
01-08-2024
Woodbridge Estates Phase I, Plaintiff, v. Anthony Shine, Defendants
ORDER OF REMAND AND DISMISSAL
Jonathan J.C. Grey United States District Judge.
On November 30, 2023, United States Representative Shri Thanedar removed this action from the Michigan 36th Judicial District Court pursuant to 28 U.S.C. §§ 1442, 1446. (ECF No. 1.) Congressman Thanedar was issued a subpoena in the underlying state action but is not a party to the case. Under 28 U.S.C. § 1442, a member of congress may remove subpoena proceedings to federal court. See Maddox v. Williams, 855 F.Supp. 406, 410 (D.D.C. 1994), affd sub nom. Brown & Williamson Tobacco Corp. v. Williams, 62 F.3d 408 (D.C. Cir. 2007).
On December 8, 2023, Congressman Thanedar filed a notice of voluntary dismissal as the issue had been resolved by the parties. (ECF No. 2.) Given the voluntary nature of the requested dismissal, the Court REMANDS the case to the 36th District Court and DISMISSES Congressman Thanedar's challenge to the subpoena.
SO ORDERED.
Certificate of Service
The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court's ECF System to their respective email or First-Class U.S. mail addresses disclosed on the Notice of Electronic Filing on January 8, 2024.