DIETRICH v. BOEING CO.

No. 19-56409.

14 F.4th 1089 (2021)

Connie DIETRICH, an individual, Plaintiff-Appellee, v. The BOEING COMPANY, improperly denominated as The Boeing Company, individually and as successor by merger to McDonnell Douglas Corporation, successor by merger with Douglas Aircraft Company, Defendant-Appellant, and Autozone West, Inc., AKA Autozone, Inc., individually and as successor in interest to Chief Auto Parts, Inc.; Borgwarner Morse Tec LLC, as successor by merger to Borg-Warner Corporation; Honeywell International, Inc., individually and as successor in interest to Allied Signal, Inc., individually and as successor in interest to Bendix Corporation; Kelly-Moore Paint Company Inc; Masoneilan International, Inc., individually and as successor in interest to Mason-Neilan Regulator Company and Annin Valve Co.; Metalclad Insulation LLC, FKA Metalclad Insulation Corporation; Owens-Illinois, Inc., individually and as successor in interest to Owens-Illinois Glass Company; Soco West, Inc., Brenntag West, Inc. f/k/a SOCO-Lynch Corporation successor in interest to Western Chemical and Manufacturing, Co.; The Pep Boys-Manny, Moe and Jack of California; Union Carbide Corporation; Western Auto Supply Company; Does, 1 through 400, inclusive, Defendants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated January 14, 2021.

Resubmitted September 24, 2021 Pasadena, California.

Filed October 1, 2021.


Attorney(s) appearing for the Case

Eric B. Wolff (argued), Chief Counsel, Perkins Coie LLP, Seattle, Washington; Brent M. Karren and Timothy D. Swain , Manning Gross & Massenburg LLP, Los Angeles, California; for Defendant-Appellant.

Tyler Stock (argued) and Benno Ashrafi , Weitz & Luxenburg P.C., Los Angeles, California, for Plaintiff-Appellee.

Before: Michelle T. Friedland and Mark J. Bennett, Circuit Judges, and David A. Ezra, District Judge.


OPINION

28 U.S.C. § 1446(b) sets a thirty-day deadline to remove a case to federal court. Often, the basis for removal is clear from the complaint (or other initial pleading), and so the thirty days begin to run from the date a defendant receives the initial pleading. 28 U.S.C. § 1446(b)(1). This is the...

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