White v. MV Transportation, Inc.
MEMORANDUM OPINION AND ORDER granting 6 Motion to Remand; denying 7 Motion for Hearing. This case is remanded to the Jefferson Circuit Court.. Signed by Judge Joseph H. McKinley, Jr on 4/29/11. cc:counsel, JCC (JBM)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
CIVIL ACTION NO. 3:11CV-147-JHM
MEMORANDUM OPINION AND ORDER
This matter is before the Court on Plaintiff’s Motion to Remand [DN 6]. Plaintiff also moves
for a hearing. [DN 7]. Fully briefed, these matters are ripe for decision. For the following reasons,
the Court GRANTS Plaintiff’s Motion to Remand and DENIES her motion for a hearing
Plaintiff filed suit in Jefferson Circuit Court on February 5, 2009. Defendant removed the suit
to this court on March 9, 2011. Plaintiff asserts in her motion to remand that 28 U.S.C. § 1446(b)
prohibits the removal of a diversity case more than one year after it was commenced in state court.
In response, Defendant correctly argues that the one-year prohibition only applies to cases which
were not initially removable. Defendant argues that the case was initially removable.
If the case was indeed initially removable, it should have been removed within thirty days
of receipt of the initial pleading. If not initially removable, at the very least, it should have been
removed within thirty days of December 9, 2009, the date interrogatories were answered claiming
damages in excess of $75,000. Thus, in either event, the removal was untimely. Remand to state
court is appropriate.
cc: counsel of record
Jefferson Circuit Court
April 29, 2011
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