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Civil Procedure Keyed to Marcus
Murphy Brothers, Inc. v. Michetti Pipe Stringing, Inc
Facts
Respondent did not serve Petitioner at that time, but three days later it faxed a courtesy copy of the file-stamped complaint to one of Petitioner’s vice presidents. On February 12, 1996, Respondent officially served Petitioner via certified mail. On March 13, 1996, thirty days after service, but forty-four days after receiving the faxed copy of the complaint, Petitioner removed the case to the United States District Court for the Northern District of Alabama. Respondent moved to remand the case to the state court on the ground that Petitioner filed the removal notice fourteen days too late. The district court denied the Motion to Remand on the ground that the thirty day removal period did not begin until Petitioner was officially served with a summons.
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