United States Second Circuit

In a suit filed in state court and removed to federal court, the District Court's dismissal of all state and federal claims is affirmed over Plaintiff's claims that the court erred in denying his motion to remand to state court because Defendants' notice of removal and consent thereto were untimely under 28 U.S.C. section 1446(b), because the thirty-day removal period began to run when the City Defendants received service, and not when the first-served defendant received service. Accordingly, the City Defendants' notice and the remaining Defendants' subsequent consent to removal were timely.

Appellate Information

• Decided 07/09/2012
• Published 07/09/2012

Judges

Court

• United States Second Circuit

Counsel