Wells Fargo Bank NA v. Flores et al
ORDER signed by Judge Lynn Adelman on 1/2/13 granting 6 Motion to Remand to State Court. (cc: all counsel, via USPS to defendants) (dm)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WELLS FARGO BANK, NA,
Case No. 12-CV-01100
ALFRED ALEXANDER FLORES, and
VIRGINIA MARIE FLORES,
DECISION AND ORDER
On October 30, 2012, pro se defendants Alfred and Virginia Flores removed this
mortgage foreclosure action from Racine County Circuit Court. Plaintiff Wells Fargo Bank,
N.A. now moves to remand the case to state court under 28 U.S.C. § 1447(c) because the
notice of removal was untimely. If the case stated by a plaintiff’s initial pleading is
removable, then a defendant has 30 days from his or her receipt of a copy of the initial
pleading or summons to file a notice of removal. 28 U.S.C. § 1446(a). “If the case stated
by the initial pleading is not removable, a notice of removal may be filed within 30 days
after receipt by the defendant . . . of a copy of an amended pleading, motion, order or other
paper from which it may first be ascertained that the case is one which is or has become
removable.” 28 U.S.C. § 1446(b)(3).
Defendants contend that the case stated in plaintiff’s initial pleading was removable
on the basis of diversity jurisdiction under 28 U.S.C. § 1332. As a result, defendants had
30 days from their receipt of that pleading to file a notice of removal. It is unclear from the
state court docket when defendants were served with the complaint, but they answered the
complaint on May 27, 2011. So, at most, they had 30 days from that date to file a notice
of removal. They clearly missed this deadline. Therefore, I will grant the motion to remand.
Because I find that the notice of removal was untimely, I will not address plaintiff’s
argument that this court is barred from reviewing the case because the state court has
already entered final judgment.
THEREFORE, IT IS ORDERED that plaintiff’s motion to remand [DOCKET #6] is
Dated at Milwaukee, Wisconsin, this 2nd day of January 2013.
s/ Lynn Adelman