executing-plans
executing-plans
Use when executing an implementation plan in the current session as the implementer yourself — your human partner chose inline execution, or no subagent tool is available
cafa-notice-of-removalDrafts a Notice of Removal under the Class Action Fairness Act (CAFA), 28 U.S.C. § 1332(d), transferring a state court class action to federal court. Covers minimal diversity, aggregate amount in controversy exceeding $5 million, 100+ class members, CAFA exceptions, unanimity, timeliness, and required exhibits. Use when a defendant needs to remove a state-f…
Independent GitHub snapshot · Automated classification · Original documentation governs
Drafts a procedurally compliant Notice of Removal invoking federal jurisdiction under CAFA for class actions filed in state court. The removing party bears the burden of establishing jurisdiction; removal statutes are strictly construed against removal.
Collect before drafting:
Draft the notice with these ten sections in order:
NOTICE OF REMOVAL PURSUANT TO 28 U.S.C. §§ 1332(d), 1441, AND 1446| Element | Threshold | Show |
|---|---|---|
| Minimal diversity | ≥1 class member diverse from ≥1 defendant | Named plaintiff + defendant citizenships; corporate = state of incorp. + principal place of business (Hertz Corp. v. Friend, 559 U.S. 77) |
| Amount in controversy | >$5M aggregate (excl. interest and costs) | (est. class size) × (per-member damages) + penalties/multipliers/fees. Good-faith short plain statement suffices (Dart Cherokee, 574 U.S. 81) |
| Class size | ≥100 putative members | Cite complaint class definition and size allegations |
Address each exception with a risk of application:
| Exception | Statute | Trigger | Counter-argument |
|---|---|---|---|
| Home state | § 1332(d)(4)(B) | Primary defendants + ≥2/3 class are forum-state citizens | Show defendant citizenship outside forum or multi-state class |
| Local controversy | § 1332(d)(4)(A) | ≥2/3 class are forum citizens + significant local defendant + no similar class action in 3 yrs | Show multi-state class or no qualifying local defendant |
| Discretionary decline | § 1332(d)(3) | 1/3–2/3 of class are forum citizens | Apply multi-factor analysis; argue federal interest predominates |
Chronological narrative: complaint filed, claims asserted, service on each defendant, prior state court activity. If removal is triggered by an amended pleading or other paper, identify the document, date received, and the information that first made removability ascertainable.
| Trigger | Deadline | Statute |
|---|---|---|
| Initial pleading | 30 days from service | § 1446(b)(1) |
| Amended pleading / other paper | 30 days from receipt | § 1446(b)(3) |
| Outer limit | 1 year from commencement (absent bad faith) | § 1446(c)(1) |
State the specific service date and filing date; show the day count.
| Exhibit | Contents |
|---|---|
| A | State court complaint + attachments |
| B | Summons and proof of service per defendant |
| C | State court docket sheet |
| D | Co-defendant consents (if applicable) |
| E+ | Amended complaints or other removal-triggering papers (if applicable) |
Request the Court: (1) accept this Notice; (2) exercise CAFA jurisdiction; (3) deny any remand motion; (4) grant further relief as just and proper. Include § 1446(d) compliance statement re: filing copy with state court clerk and serving all parties.
Attorney name, bar number, firm, address, phone, email, party represented. FRCP 11 certification. Date = filing date. Comply with local e-filing signature rules.