Miguel Rodriguez v. FCA US LLC

I. DISCUSSION

Plaintiff filed this lemon law action in state court and Defendant removed it based upon diversity jurisdiction. Plaintiff now moves for remand, arguing that the removal was untimely because it occurred more than 30 days after it was apparent that the case was removable. Plaintiff also argues that Defendant failed to establish diversity of citizenship. The Court address each ground in turn.

CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk CB

A. The Removal Was Timely.

A defendant must remove a case within thirty days of receiving a copy of the complaint, or if the matter is not removable based on the complaint, within thirty days of receiving “an amended pleading, motion, order or other paper from which it may be ascertained that the case is one which is or has become removable.” 28 U.S.C. § 1446(b).

The first thirty-day window is triggered by a defendant’s receipt of an “initial pleading” that reveals a basis for removal. 28 U.S.C. § 1446(b)(1). This first thirty-day period for removal only applies if the case stated by the initial pleading is removable on its face: removability is determined by the contents of…