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CUTRONE v. MORTGAGE ELECTRONIC REGISTRATION SYS.

No. 14-455-cv.

749 F.3d 137 (2014)

Brian CUTRONE and Jessica Cervone, individually and on behalf of all others similarly situated, Plaintiffs-Appellees, v. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided: April 17, 2014.

Attorney(s) appearing for the Case

Charles C. Martorana , Hiscock & Barclay, LLP, Buffalo, NY, for Defendant-Appellant.

Andrew S. Love ( Samuel H. Rudman , Mark S. Reich , William J. Geddish , Susan K. Alexander , on the brief), Robbins Geller Rudman & Dowd LLP, San Francisco, CA, and Melville, NY, for Plaintiffs-Appellees.

Before: WALKER, CHIN, and DRONEY, Circuit Judges.

DRONEY, Circuit Judge:

Defendant-appellant Mortgage Electronic Registration Systems, Inc. ("MERS") appeals from an order of the United States District Court for the Eastern District of New York (Eric N. Vitaliano, Judge) granting the motion of the putative class member plaintiffs-appellees ("plaintiffs"), to remand this case to New York state court on the ground that MERS's notice of removal was untimely. The district court concluded that the plaintiffs' complaint...

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