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NOVAK v. BANK OF NEW YORK MELLON TRUST CO., NA.

No. 13-2543.

783 F.3d 910 (2015)

Lawrence P. NOVAK, Plaintiff, Appellant, v. The BANK OF NEW YORK MELLON TRUST CO., NA., as Successor to J.P. Morgan Chase Bank, as Trustee, on Behalf of Mortgage Loan Trust 2004-2 Asset-Backed Certificates 2004-2 f/k/a The Bank of New York Trust Co., and Select Portfolio Servicing, Inc., Defendants, Appellees.

United States Court of Appeals, First Circuit.

April 21, 2015.

Attorney(s) appearing for the Case

Lawrence P. Novak on brief, pro se.

Peter F. Carr, II and Eckert Seamans Cherin & Mellott, LLC on brief for appellees.

Before HOWARD, KAYATTA and BARRON, Circuit Judges.

This appeal requires us to resolve a single question: whether a defendant may seek to remove a state-court action to federal court before being formally served. Construing the relevant statute, 28 U.S.C. § 1446(b)(1), the Supreme Court has held that a defendant's statutory period to remove does not begin to run, and a defendant is not...

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