Humphrey v. Paul Revere Life Insurance Company et al

Filing 17

Judge Joseph L. Tauro: ORDER entered. After reviewing the Parties' submissions, this Court hereby orders that t Plaintiff's Motion to Remand to State Court 11 is DENIED. Defendant Paul Revere Insurance Company's Notice of Removal 1 was filed within thirty days of Defendant Paul Revere Insurance Company's receipt of the Complaint and therefore removal was valid under 28 USC 1446(b). The Court is not ruling on Defendant's Motion to Dismiss 3 at this time. Plaintiff has until 11/10/2011 to file a motion for leave to amend the Complaint to satisfy the pleading requirements of the Employment Retirement Income Security Act of 1974. IT IS SO ORDERED. (Geraldino-Karasek, Clarilde)

UNITED STATES DISTRICT COURT
DISTRICT OF MASSACHUSETTS
GLENN G. HUMPHREY,
Plaintiff,
v.
PAUL REVERE LIFE INS. CO.,
HEIDI R. ALMEIDA, and
SCITUATE RAY PRECAST, CORP.,
Defendants.

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Civil Action No. 11-11298-JLT

ORDER
October 20, 2011
TAURO, J.
After reviewing the Parties’ submissions, this Court hereby orders that Plaintiff’s Motion
to Remand to State Court [#11] is DENIED. Defendant Paul Revere Insurance Company’s
Notice of Removal [#1] was filed within thirty days of Defendant Paul Revere Insurance
Company’s receipt of the Complaint and therefore removal was valid under 28 U.S.C. § 1446(b).1
The Court is not ruling on Defendant’s Motion to Dismiss [#3] at this time. Plaintiff has
until November 10, 2011 to file a motion for leave to amend the complaint to satisfy the pleading
requirements of the Employment Retirement Income Security Act of 1974.
IT IS SO ORDERED.

/s/ Joseph L. Tauro
United States District Judge

1

See Garside v. Osco Drug, Inc., 702 F. Supp. 19, 21-22 (D. Mass. 1988).