Beverly Moistner v. Aerojet Rocketdyne Inc.
Opinion
Trial Court Opinion
BACKGROUND
Plaintiffs filed this lawsuit against Defendants in Ventura County Superior Court for personal injuries and property damage allegedly suffered “as a direct and proximate result of the spills and releases of hazardous radioactive and non- radioactive toxic substances on and off the “Rocketdyne Facility.’” Dkt. No. 1-
CV-90 (12/02) CIVIL MINUTES — GENERAL Initials of Deputy Clerk VPC
(Compl.); Mot. at 6. Defendants were served with the Complaint on March 11, 2021. Id. at 3. The notice of removal was filed by Defendants 32 days later, on Monday, April 12, 2021. Dkt. No. 1. Plaintiffs then moved to remand this case “solely on the procedural grounds that the Notice of Removal was untimely in violation of 8 [sic] U.S. Code § 1446(b).” Notice of Mot. at 2.
DISCUSSION
A. Timeliness
Pursuant to 28 U.S.C. § 1446(b)(1), “[n]otice of removal of a civil action . . . shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading.” See 42 U.S.C. § 2210(n)(2) (requiring removal under the Price-Anderson Act within the 30-day period set forth in section 1446(b)(1)). But…