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Smola v. TRUMBULL INSURANCE COMPANY
Citations: 317 F. Supp. 2d 1232; 2004 U.S. Dist. LEXIS 8851; 2004 WL 1080045Docket: CIV.A.03-N-2517(OES)
Court: District Court, D. Colorado; May 13, 2004; Federal District Court
Plaintiffs Albert Paul Smola and Allstar Mega Brokers, Inc. filed a motion to remand their case against defendants Trumbull Insurance Company and others back to state court, arguing that the notice of removal by the defendants was untimely. The plaintiffs contended that the "first-served rule" applies, which requires all served defendants to join in or consent to the removal within thirty days of the first defendant's service. Trumbull was served on November 4, 2003, but the notice of removal was filed on December 10, 2003, exceeding the thirty-day limit for Trumbull. In contrast, the defendants argued for the "last-served rule," asserting that the thirty-day period should start from when the last defendant was served, making their notice timely. Defendants also referenced the Supreme Court's decision in Murphy Bros. v. Michetti Pipe Stringing Inc. to support their position, claiming it undermined the first-served rule. However, the court concluded that Murphy did not negate the first-served rule, which remains more consistent with established legal principles concerning removal. The court favored the first-served rule for two primary reasons: it aligns with the strict construction of removal statutes and provides clarity early in litigation regarding the forum. The court ultimately granted the motion to remand, ordering the case to be returned to the Arapahoe County District Court in Colorado.