Beisel

ORDER GRANTING PLAINTIFFS’ MOTION TO REMAND AND CERTIFYING ORDER FOR INTERLOCUTORY APPEAL

This case presents a question of first impression in the Ninth Circuit concerning attempted removal after the one-year time limit of 28 U.S.C. § 1446 (b). The court construes that time limit strictly, and GRANTS a remand motion based on untimely removal.

I. BACKGROUND

Plaintiffs Harold and Wilma Beisel filed this action in July 1991 in state court, alleging negligence, fraud, and breach of fiduciary duty against AID Association for Lutherans (AAL), a fraternal benefit society providing financial planning advice to its members. Plaintiffs sought advice from AAL’s agent, Herman Taege. Plaintiffs claim Mr. Taege negligently and fraudulently advised them to transfer property to him without intent to compensate them, and AAL should have known he was not qualified to give financial planning advice or to act in their best interests.

Defendant first removed the action on diversity grounds in September 1991. In October 1991 plaintiffs added a non-diverse individual defendant, and the ease was remanded for lack of complete diversity in December 1991.

In August 1993, the state court granted summary…