Civil Procedure Keyed to Freer
Noble v. Bradford Marine, Inc.
Noble and Muir (Plaintiffs) each filed an action in Florida state court against Bradford Marine, Inc. (Defendant) after their respective vessels were destroyed while anchored in Bradford’s mooring facility. Plaintiffs’ vessels were destroyed when another boat, owned by Prime Time Charters, Inc. (Defendant), caught fire and cast flaming debris upon the plaintiffs’ vessels. Plaintiffs amended their complaints to add Prime Time as a party. Nearly ten months after the initial complaint was filed against Bradford, Prime Time removed each case to federal court within thirty days of the amended complaints. Pursuant to 28 U.S.C. § 1447(c), a defendant must remove a case to federal court within thirty days of the initial pleading. The U.S. District Court,suasponte, questioned its removal jurisdiction in the matter.
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