Legal Opinion

Cassara v. Ralston

District Court, S.D. New York

Decided October 6, 1993No. 93 Civ. 5064 (SS)PublishedCited by 13 opinions

1Opinion of the Court

OPINION AND ORDER

SOTOMAYOR, District Judge.

This motion, brought sua sponte by this Court by Order to Show Cause, raises two questions: first, whether the removal in this action was timely; and second, whether an action can or should be remanded to state court solely because the Notice of Removal fails to state or otherwise establish that the removal is timely under 28 U.S.C. § 1446(b). At a hearing held on the Order, defendants demonstrated that the removal was timely. For the reasons stated below, the action shall not be remanded for the shortcomings in the removal papers.

I. Background

By…

2Cases cited6 opinions

  1. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  2. Air-Shields, Inc. v. FullamCourt of Appeals for the Third Circuit · 1989
  3. Federal Deposit Insurance Corporation v. LoydCourt of Appeals for the First Circuit · 1992
  4. Dinesh Maniar v. Federal Deposit Insurance CorporationCourt of Appeals for the Ninth Circuit · 1992
  5. CBS INC. v. SnyderDistrict Court, S.D. New York · 1991

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3Cited by13 opinions

  1. Page v. City of SouthfieldCourt of Appeals for the Sixth Circuit · 1995
  2. American Home Assurance Co. v. RJR Nabisco Holdings Corp.District Court, S.D. New York · 1999
  3. Kam Hon, Inc. v. Cigna Fire Underwriters InsuranceDistrict Court, M.D. Florida · 1996
  4. Braun v. The Chartwell Law Offices, LLPDistrict Court, E.D. New York · 2023
  5. CIVIL COURT OF THE CITY OF NEW YORK, COUNTY OF BRONX, INC. ET AL v. JANELLE ALEXANDRIA AEIRESS ROYALTI ELDistrict Court, S.D. New York · 2026

8 more not listed; retrieve them via the Exa API.

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