Unlimited Technology, Inc. v. Leighton

MEMORANDUM OPINION

Savage, J.

For purposes of applying the first-filed rule, which date governs the analysis — the date the concurrent federal case was filed in the state court or the date it was removed? The Third Circuit has not decided the issue. A few district courts, without analysis, have concluded that-the operative date is the date of removal. Other courts have used the date of filing in the state court. We conclude that the date the action was filed in state court is what counts.

Unlimited Technology, Inc., filed this action to enforce the restrictive covenants in defendant Richard…