Finnerty v. Wal-Mart Stores, Inc.

Full title: LILLIAN FINNERTY, et al., Plaintiffs, v. WAL-MART STORES, INC., et al.…

Court: United States District Court, M.D. Florida, Tampa Division

Date published: May 9, 2011

CASE NO: 8:11-cv-955-T-33EAJ (M.D. Fla. May. 9, 2011)

Opinion

CASE NO: 8:11-cv-955-T-33EAJ.

May 9, 2011

ORDER

VIRGINIA COVINGTON, District Judge

This cause comes before the Court pursuant to Defendant's Notice of Removal (Doc. # 1), filed May 2, 2011. Defendant bases the removal on federal question jurisdiction. Defendant states that it was served with the complaint and summons on March 29, 2011, and the removal is timely under 28 U.S.C. § 1446(b) as it was filed within 30 days from the date Plaintiffs first served Defendant with a copy of the complaint and summons. This Court notes, however, that it appears that the removal, dated May 2, 2011, is untimely as it did not, in fact, occur within 30 days from the date Plaintiffs first served Defendant with a copy of the complaint and summons, March 29, 2011. 28 U.S.C. § 1446(b).

Accordingly, it is

ORDERED, ADJUDGED, and DECREED:

Any motions related to this procedural defect in the removal must be filed by June 1, 2011, or such objections shall be deemed waived. 28 U.S.C. § 1447(c); Advanced Bodycare Solutions, LLC v. Thione Int'l, Inc., 524 F.3d 1235, 1237 n. 1 (11th Cir. 2008).

DONE and ORDERED in Chambers in Tampa, Florida.