Manuel v. UNUM LIFE INSURANCE COMPANY OF AMERICA

W.D. Louisiana

Manuel v. UNUM LIFE INSURANCE COMPANY OF AMERICA

932 F. Supp. 784, 1996 U.S. Dist. LEXIS 14313, 1996 WL 450248

CourtDistrict Court, W.D. Louisiana

DecidedJuly 3, 1996

DocketCivil Action 96-1186

StatusPublished

Cited by3 cases

This text of 932 F. Supp. 784 (Manuel v. UNUM LIFE INSURANCE COMPANY OF AMERICA) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Manuel v. UNUM LIFE INSURANCE COMPANY OF AMERICA, 932 F. Supp. 784, 1996 U.S. Dist. LEXIS 14313, 1996 WL 450248 (W.D. La. 1996).

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Opinion

MEMORANDUM RULING

EDWIN F. HUNTER, Jr., Senior District Judge.

Before the court is plaintiffs motion to remand (doc. # 5). Plaintiff alleges that removal was not timely effected.

“The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, ...” 28 U.S.C. § 1446(b) (emphasis added).

Here, plaintiff filed suit in state court on March 27, 1996. Defendant was served through the Louisiana Secretary of State on April 9, 1996. The Notice of Removal was filed on May 10,1996. Defendant received a copy of plaintiffs initial pleading sometime between April 10, 1996 and May 10, 1996. 1 Service upon the Secretary of State does not commence the thirty day removal period. Skinner v. Old Southern Life Ins. Co., 572 F.Supp. 811, 812-13 (W.D.La.1983). Instead, the thirty day removal period begins when the named defendant actually receives a copy of the initial pleading. Id.

As stated previously, sometime between April 10, and May 10, 1996, Unum Life Insurance Company received a copy of the state court petition. The exact date is immaterial; under any scenario, removal was effected within thirty days, and was timely.

In accordance with the foregoing, plaintiffs motion to remand is DENIED. Plaintiffs request for attorney’s fees and costs is likewise DENIED.

1

. In its amended Notice of Removal, defendant, Unum Life Insurance Company, states that it did not receive a copy of the petition until May 16, 1996. This is in error. A copy of the state court petition was filed with the notice of removal, as required by 28 U.S.C. § 1446(a). Moreover, on April 10, the Secretary of State forwarded the citation to Unum, via mail.

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MEMORANDUM RULING

EDWIN F. HUNTER, Jr., Senior District Judge.

Before the court is plaintiffs motion to remand (doc. # 5). Plaintiff alleges that removal was not timely effected.

“The notice of removal of a civil action or proceeding shall be filed within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based, ...” 28 U.S.C. § 1446(b) (emphasis added).

Here, plaintiff filed suit in state court on March 27, 1996. Defendant was served through the Louisiana Secretary of State on April 9, 1996. The Notice of Removal was filed on May 10,1996. Defendant received a copy of plaintiffs initial pleading sometime between April 10, 1996 and May 10, 1996. 1 Service upon the Secretary of State does not commence the thirty day removal period. Skinner v. Old Southern Life Ins. Co., 572 F.Supp. 811, 812-13 (W.D.La.1983). Instead, the thirty day removal period begins when the named defendant actually receives a copy of the initial pleading. Id.

As stated previously, sometime between April 10, and May 10, 1996, Unum Life Insurance Company received a copy of the state court petition. The exact date is immaterial; under any scenario, removal was effected within thirty days, and was timely.

In accordance with the foregoing, plaintiffs motion to remand is DENIED. Plaintiffs request for attorney’s fees and costs is likewise DENIED.

1

. In its amended Notice of Removal, defendant, Unum Life Insurance Company, states that it did not receive a copy of the petition until May 16, 1996. This is in error. A copy of the state court petition was filed with the notice of removal, as required by 28 U.S.C. § 1446(a). Moreover, on April 10, the Secretary of State forwarded the citation to Unum, via mail.

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Bluebook (online)

932 F. Supp. 784, 1996 U.S. Dist. LEXIS 14313, 1996 WL 450248, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manuel-v-unum-life-insurance-company-of-america-lawd-1996.

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