Stramel v. GE Capital Small Business Finance Corp.

MEMORANDUM OPINION AND ORDER

PAUL N. BROWN, District Judge.

Introduction

The issue before the Court is whether a settlement demand letter sent by Plaintiffs attorney to Defendant’s attorney may constitute an “other paper” as defined by 28 U.S.C. § 1446(b). Plaintiff, a citizen of Texas, brought suit in Texas state court on March 22, 1996 seeking recovery under the DTPA for damages allegedly caused by the Defendant’s failure to fund a loan that it promised to make to Plaintiff. Defendant is a corporate citizen of Delaware and Missouri.

Plaintiffs Original Petition filed on March 22,1996 did not…