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C.L.B. v. FRYE

No. 606CV-251ORL-28JGG.

469 F.Supp.2d 1115 (2006)

C.L.B., Freddie Turner, Loretha Turner, Plaintiffs, v. Leslie FRYE, Tony Manzolillo, Holly Bernard, Melinda King, Lisbeth Bochette, Defendants.

United States District Court, M.D. Florida, Orlando Division.

December 1, 2006.

Attorney(s) appearing for the Case

Tracey K. McPharlin, Howard M. Talenfeld, Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Ft. Lauderdale, FL, for Plaintiffs.

James M. Kloss, Ronald L. Harrop, Cooney, Mattson, Lance, Blackburn, Richards & O'Connor, PA, Orlando, FL, for Defendants.

ORDER1

ANTOON, District Judge.

Plaintiffs have filed a Motion to Remand (Doc. 13)2 arguing that the removal of this case from state court was untimely under the requirements of 28 U.S.C. § 1446(b). Plaintiffs urge me to apply the "first-served rule" and remand to state court because one of the Defendants, Tony Manzolillo, failed to join in the removal within thirty days from the date the...

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