Conticommodity Services, Inc. v. Perl

MEMORANDUM OPINION AND ORDER

GETZENDANNER, District Judge:

Before the court is the plaintiff’s motion to remand to state court this action against its former account executive. Alleging diversity of citizenship, the defendant (“Perl”) removed the case on January 27, 1987, approximately one week after he was properly served. The plaintiff asserts that this removal was untimely given defendant’s receipt of a copy of the complaint in October, 1986. 1 The defendant, in contrast, argues that the statutory period for removal commences upon proper service only.

Section 1446(b) of the removal statute…