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CELLPORT SYSTEMS, INC. v. PEIKER ACUSTIC GMBH & CO. KG

No. CIV.A. 04-K-1361.

335 F.Supp.2d 1131 (2004)

CELLPORT SYSTEMS, INC., a Colorado corporation, Plaintiff, v. PEIKER ACUSTIC GMBH & COMPANY KG, a German corporation, and Peiker Acustic, Inc., a Delaware corporation, Defendants.

United States District Court, D. Colorado.

August 19, 2004.

Attorney(s) appearing for the Case

Stanley L. Garnett, Brownstein, Hyatt & Farber, P.C., Denver, CO, for plaintiff/counter-defendant.

Christopher H. Toll, Holland & Hart, LLP, Greenwood Village, CO, for defendants/counter-claimant.

ORDER ON MOTION TO REMAND

KANE, Senior District Judge.

This matter is before me on Plaintiff Cellport System, Inc.'s Motion to Remand, filed July 16, 2004. Cellport contends remand is required because the notice of removal filed by Defendant Peiker acustic GmbH & Company KG ("Peiker Germany") was untimely. For the reasons stated below, I agree and therefore grant Cellport's motion.

Factual Background

The facts relevant to Cellport...

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