Webster v. Dow United Technologies Composite Products, Inc.

MEMORANDUM OPINION AND ORDER

ALBRITTON, District Judge.

The plaintiff moves to remand this case on the basis that the defendant failed to remove it within the time prescribed by 28 U.S.C. § 1446(b). For the reasons set out below, the court finds that removal of this case was untimely and thus improper, and the case will be remanded to the state court.

I

On December 8, 1994, Margaret Webster (“Plaintiff”) filed a complaint in the Circuit Court for Montgomery County, Alabama, against Dow-United Technologies Composite Products, Inc., (“Defendant”). The complaint alleges that Defendant violated Ala.…