Iowa Lamb Corp. v. Kalene Industries, Inc.

BENNETT, District Judge.

This matter comes before the court pursuant to plaintiffs motion to remand this case to state court on the ground that defendant’s notice of removal was untimely. Plaintiff also asserts that there was insufficient amount in controversy stated in its state court petition to sustain federal jurisdiction based on diversity of citizenship pursuant to 28 U.S.C. § 1332. Defendant removed this action to federal court prior to answering and filing a counterclaim, asserting that removal was timely because notice was filed less than thirty days after defendant actually received…