Ginnie et al v. Target Corporation et al

Filing 12

ORDER denying 4 Motion to Remand. So Ordered by Judge Steven J. McAuliffe.(lat)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Frank Ginnie and Karen Ginnie
Plaintiffs
v.

Case No. 12-cv-460-SM

Target Corporation, and
Bergensons Property Service, Inc.
Defendants
O R D E R
Re:

(Document No. 4)
Motion to Remand

Ruling: Denied; See 28 U.S.C. §§ 1446(b)(3) and (c)(3)(A);
Huffman v. Saul Holdings Ltd. Partnership, 194 F.3d 1072, 1077-78 (10th
Cir. 1999). The initial pleading was uncertain as to the amount in
controversy and defendants removed within 30 days of the date upon
which defendants received a copy of a pleading from which it could
first be ascertained that the amount in controversy exceeded the
jurisdictional amount (defendant has no duty to inquire or investigate
even if state complaint contains clues as to removeability based on
jurisdictional amount).
Steven J. McAuliffe
United States District Judge
Date:
cc:

March 7, 2013
Jeffrey B. Osburn, Esq.
David S. V. Shirley, Esq.
Elsabeth D. Foster, Esq.
Thomas J. Fay, Esq.