Legal Opinion

Green Point Savings Bank v. Hidalgo

District Court, E.D. New York

Decided December 18, 1995No. 94 CV 4132 (SJ)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

JOHNSON, District Judge:

INTRODUCTION

Plaintiff, Greenpoint Savings Bank, brings the instant motion to remand this action to state court pursuant to 28 U.S.C. § 1447(c) due to improper removal of the case to this Court. Plaintiff claims that (1) the petition for removal was not filed within thirty days after receipt by Defendant of a copy of the initial pleading; and (2) the petition for removal on the basis of diversity of citizenship was filed more than one year after commencement of the action. For the reasons stated herein, Plaintiffs motion is granted.

BACKGROUND

Defendant…

2Cases cited5 opinions

  1. Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
  2. Mark Barnes v. Westinghouse Electric CorporationCourt of Appeals for the Fifth Circuit · 1992
  3. Gray v. Moore Business Forms, Inc.District Court, N.D. California · 1989
  4. Brock Ex Rel. Brock v. Syntex Laboratories, Inc.District Court, E.D. Tennessee · 1992
  5. Robinson Ex Rel. Robinson v. J.F. Cleckley & Co.District Court, D. South Carolina · 1990

3Cited by2 opinions

  1. Mahl Brothers Oil Co., Inc. v. St. Paul Fire & Marine Ins. Co.District Court, W.D. New York · 2004
  2. JONES MANAGEMENT SERVICES, LLC v. Kes, Inc.District Court, E.D. Tennessee · 2003

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