Albert O. O'ROuRke and Raymond O'ROuRke v. Maxwell Laboratories, a Delaware Corporation, Etc.

996 F.2d 1226 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Albert O. O'ROURKE and Raymond O'Rourke, Plaintiff-Appellant, v. MAXWELL LABORATORIES, a Delaware Corporation, etc., et al., Defendants-Appellees. No. 91-55406. United States Court of Appeals, Ninth Circuit. Submitted May 5, 1993. * Decided July 1, 1993. Before: KOZINSKI, SUHRHEINRICH ** and T.G. NELSON, Circuit Judges. 1 MEMORANDUM *** 2 The defect in the removal petition here was procedural rather than jurisdictional. Cf. Maniar v. FDIC, 979 F.2d 782, 784-85 (9th Cir.1992) (untimely removal is procedural rather than jurisdictional defect). As such, it is governed by that aspect of 28 U.S.C. § 1447 (c) which provides in relevant part that "[a] motion to remand the case on the basis of any defect in removal procedure must be made within 30 days after the filing of the motion of removal...." 28 U.S.C. § 1447 (c). See generally, James W. Moore & Brett A. Ringle, MOORE'S FEDERAL PRACTICE §…