Author Topic: Removal to Federal Court question  (Read 69 times)

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breitflyer

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Removal to Federal Court question
« on: Yesterday at 09:51:57 PM »
Currently suing a company that has several federal cases that have mostly been consolidated into MDL. (they're a habitual offender) I filed my case in small claims court (Texas). Company has offices in Texas and they're registered in Texas, with HQ in another state. I sued their entity in Texas.

Company received service of suit in almost 30 days ago. From what I understand, they only have 30 days after receiving service to request removal to Federal Court per 28 USC 1446(b)(1). Is this a pretty hard rule? They can't claim diversity as I understand because we're in the same state.

Just trying to see if there are any major flaws in my logic.

Also, as a side note, if they did file to get it moved to federal, would they pay pay the federal filing fee since they made the request or would I have to.

hamsalad

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Re: Removal to Federal Court question
« Reply #1 on: Yesterday at 10:00:15 PM »
If you sued under a federal statue, FDCPA, FCRA, TCPA, they have exactly 30 days to remove and most courts are very strict about this.  The defendant pays the federal filing fee to remove.

breitflyer

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Re: Removal to Federal Court question
« Reply #2 on: Yesterday at 10:20:36 PM »
Thanks for the insight. I sued under the TCPA. Defendant was supposed to file a response within 14 days, but took 27 days to respond to the original complaint and file a MTD. I assumed if they were going to try to remove to federal, they would have done so in their response, but I just wanted to make sure the 30 day deadline to move to federal was a rule that was enforced typically.

howucantoo

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Re: Removal to Federal Court question
« Reply #3 on: Yesterday at 10:27:09 PM »
If they filed anything in state court besides the "Notice of Removal" they've waived their rights already.
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