Damerlane v Sato Repair Shop [2003] FMSC 7; 11 FSM Intrm. 343 (Pon. 2003) (3 February 2003)

FEDERATED STATES OF MICRONESIA
SUPREME COURT TRIAL DIVISION

Cite as Damarlane v. Sato Repair Shop
[2003] FMSC 7; 11 FSM Intrm. 343 (Pon. 2003)

[2003] FMSC 7; [11 FSM Intrm. 343]

AUGUSTINE DAMERLANE,
Plaintiff,

vs.

SATO REPAIR SHOP,
Defendant.

CIVIL ACTION NO. 2002-047

ORDER

Andon L. Amaraich
Chief Justice

Hearing: January 23, 2003
Decided: February 3, 2003

APPEARANCES:

For the Plaintiff: Scott Garvey, Esq.
Micronesian Legal Services Corporation
P.O. Box 129
Kolonia, Pohnpei FM 96941

[11 FSM Intrm. 344]

For the Defendant: Salomon Saimon, Esq.
Law Offices of Saimon & Associates
P.O. Box 1450
Kolonia, Pohnpei FM 96941

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HEADNOTE

Civil Procedure - Pleadings; Jurisdiction - Removal
When a case has been properly removed from a municipal court where no complaint was filed, the FSM Supreme Court will require the plaintiff to file a complaint and allow the case to proceed therefrom. Damarlane v. Sato Repair Shop, [2003] FMSC 7; 11 FSM Intrm. 343, 344 (Pon. 2003).

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COURT'S OPINION

ANDON L. AMARAICH, Chief Justice:

A status conference for this case was held on January 23, 2003. Scott Garvey, Esq., appeared for plaintiff, and Salomon Saimon appeared for defendant. The Court inquired as to the removal of this case from Nett Municipal Court to the FSM Supreme Court, given that no Complaint was filed below. The parties also responded to inquiries regarding the alternative of dismissing and re-filing the action in this Court.

Having reviewed the file and considered the matter, the Court concludes that in light of General Court Order (GCO) 1992-2 (Transfer of Cases between State and National Courts), the parties' diversity of citizenship, and the holding in Damarlane v. Harden, [1998] FMSC 1; 8 FSM Intrm 225, 227 (Pon. 1998), it is just and proper to allow the transfer of this case to be effectuated by defendant's petition therefor, require plaintiff to file a Complaint in Civil Action No. 2002-047, and allow the case to proceed therefrom.

It is HEREBY ORDERED that Plaintiff shall file its Complaint with the FSM Clerk of the Court before 5:00 p.m. Friday, February 14, 2003.

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