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MCLAREN v. UPS STORE INC.

Nos. 22-1379 and 22-1380.

32 F.4th 232 (2022)

Barbara MCLAREN v. The UPS STORE INC; RK & SP Services Inc, dba UPS Store #4122; Hamilton Pack N Ship LLC, dba UPS Store #4122; Turquoise Terrapin LLC, dba UPS Store #4122, Appellants Vincent Tripicchio, on behalf of himself and all others similarly situated v. The UPS Store Inc; JB & A Enterprises Inc, Appellants.

United States Court of Appeals, Third Circuit.

Filed: April 25, 2022.

Attorney(s) appearing for the Case

Kent A. Bronson [ARGUED], Milberg Coleman Bryson Phillips & Grossman, 19th Floor, 100 Garden City Plaza, Suite 500, Garden City, NY 11530, Jared M. Placitella , Cohen Placitella & Roth, 2001 Market Street, Two Commerce Square, Suite 2900, Philadelphia, PA 19103, Counsel for Appellee McLaren

Joseph A. Osefchen [ARGUED], Stephen P. DeNittis , DeNittis Osefchen Prince, 525 Route 73 North, 5 Greentree Centre, Suite 410, Marlton, NJ 08053, Counsel for Appellee Tripicchio

Adam J. Hunt , Morrison & Foerster, 250 West 55th Street, Suite 900, New York, NY 10019, Joseph R. Palmore [ARGUED], Morrison & Foerster, 2100 L Street, N.W., Suite 900, Washington, DC 20037, Counsel for Appellants

Andrew M. Schwartz , Gordon & Rees, Three Logan Square, 1717 Arch Street, Suite 610, Philadelphia, PA 19103, Counsel for Appellant JB & A Enterprises, Inc.

Before: McKEE, SHWARTZ, and BIBAS, Circuit Judges.

OPINION

The removal statute sets deadlines by which a defendant may remove a case from state to federal court. One provision requires removal within thirty days of service of a pleading that demonstrates the existence of federal jurisdiction. If the initial pleading does not disclose the existence of federal jurisdiction...

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