By: Daily Record Staff//April 29, 2014
By: Daily Record Staff//April 29, 2014//
U.S. Court of Appeals for the Second Circuit
Class Action Fairness Act
Removal — Timeliness
Cutrone v. Mortgage Electronic Registration Systems, Inc.
Judges Walker, Chin and Droney
Background: The defendant appealed from an order that found the defendant’s notice of removal untimely and remanded the putative class action to state court. At issue is whether the removal clock is triggered until the plaintiff files a document that explicitly specified the amount of damage sought applies to actions removed under the Class Action Fairness Act. Also, whether a defendant may remove a case under the CAFA, if neither of the 30-day periods under 28 USC § 1446(b) is triggered because the initial pleading and other documents are indeterminate with respect to removability, but the defendant later asserts removability on the basis of its own investigation.
Ruling: The Second Circuit vacated the order and remanded. The court held that Moltner v. Starbucks Coffee, 624 F.3d 34 (2nd Cir. 2010) applies to case removed pursuant to the CAFA and that the defendant’s notice was timely.
Charles C. Martorana of Hiscock & Barclay for the defendant- Andrew S. Love of Robbins Geller Rudman & Dowd for the plaintiffs-appellees