Brown v. Amchem Products, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK FREDERICK G. BROWN and DIANA BROWN, Plaintiffs, ORDER V. 19 Civ. 5844 (PGG) AMCHEM PRODUCTS, INC., et al., Defendants. PAUL G. GARDEPHE, U.S.D.J.: Defendant Cleaver-Brooks, Inc. removed this asbestos liability action from New York state court under the federal officer removal statute, 28 U.S.C. § 1442(a)(1). At the time of removal, the case had been pending in state court for approximately two years. For the reasons stated below, this Court concludes that removal was untimely under 28 U.S.C. § 1446(b)(3). Accordingly, this case will…