Williams v. Safeco Insurance Co. of America
District Court, W.D. Missouri
1Opinion of the Court
ORDER
LARSEN, United States Magistrate Judge.
Before the court is plaintiffs’ motion to remand this case to state court pursuant to 28 U.S.C. § 1447(c). I find that the thirty-day time limit for filing a notice of removal began to run on the day the petition was filed because defendant had actual notice of the amount in controversy through the demand letters sent before the action was commenced. Because the notice of removal was not filed until nearly four months after the petition was filed, the notice of removal was untimely and plaintiffs’ motion for remand will be granted.
I. BACKGROUND
Plaint…
2Cases cited9 opinions
- Shamrock Oil & Gas Corp. v. SheetsSupreme Court of the United States · 1941
- In Re Business Men's Assurance Company of AmericaCourt of Appeals for the Eighth Circuit · 1993
- In the Matter of Amoco Petroleum Additives Company and Buck Isbell, in the Matter of Robin A.G. Jackson, an Underwriter at Lloyd's, LondonCourt of Appeals for the Seventh Circuit · 1992
- Mielke v. Allstate InsuranceDistrict Court, E.D. Michigan · 1979
- Lozano v. GPE CONTROLSDistrict Court, S.D. Texas · 1994
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Katie Lowery v. Honeywell International, Inc.Court of Appeals for the Eleventh Circuit · 2007
- State Farm Fire & Casualty Co. v. Valspar Corp.District Court, D. South Dakota · 2010
- Ross v. Thousand Adventures of Iowa, Inc.District Court, S.D. Iowa · 2001
- Olberding v. Union Pacific RailroadDistrict Court, W.D. Missouri · 2006
- Brand v. Kansas City Gastroenterology & Hepatology, LLCDistrict Court, W.D. Missouri · 2008
8 more not listed; retrieve them via the Exa API.