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HSBC Bank USA v. Aguilar

February 5, 2009

HSBC BANK USA
v.
ANNEL A. AGUILAR, ET AL.



The opinion of the court was delivered by: The Honorable Andrew J. Guilford

CIVIL MINUTES - GENERAL

OCSC Case No. 30-2008/00225532

Proceedings: ORDER REMANDING CASE TO STATE COURT FOR IMPROPER REMOVAL

On February 4, 2009, this action was removed to this Court under 28 U.S.C. § 1446. But that statute requires an action to be removed within thirty days of the date the first defendant to be served with "a copy of the initial pleading setting forth the claim for relief." 28 U.S.C. § 1446(b). Here, Defendant Annel A. Aguilar ("Defendant") was served with the initial pleading in this case on December 3, 2008. Defendant did not file a notice of removal until February 4, 2009, well outside of the thirty-day window given by 28 U.S.C. § 1446(b).

Because removal was improper, this Court does not have jurisdiction over this case. The case is remanded to state court.

20090205

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