Summary
finding that defendant's removal was premature because a writ of summons is not an initial pleading under 28 U.S.C. § 1446(b)
Summary of this case from Lane v. CBS Broadcasting Inc.Opinion
Civil Action No. 07-1016.
July 24, 2007
ORDER
AND NOW, this 24th day of July, 2007, upon consideration of defendant's Notice of Removal IT IS HEREBY ORDERED THAT, in light of the United States Supreme Court's decision in Murphy Bros. V. Michetti Pipe Stringing, Inc., 526 U.S. 344 (1999) as the Court of Appeals for the Third Circuit interpreted it in Sikirica v. Nationwide Ins. Co., 416 F.3d 214, 233 (3d Cir. 2005), a writ of summons is not an initial pleading as required by 28 U.S.C. § 1446(b). Therefore, defendant's removal was premature and this civil action is REMANDED to the Court of Common Pleas of Allegheny County.