Goodyear Tire & Rubber Co. v. Fuji Photo Film Co., Ltd.

ORDER DENYING MOTION TO REMAND

PAINE, District Judge.

This cause is before the Court upon plaintiffs motion for remand. Federal subject matter jurisdiction is predicated on diversity of citizenship, which is not contested.

The plaintiff contends that this suit for trademark infringement and unfair trade practices under Florida law should be remanded on the ground that the defendants did not file their petition for removal within thirty (30) days as required by 28 U.S.C. § 1446. Essentially, the plaintiff’s argument rests on the assumption that the defendants had received a copy of the complaint…