WOLFE v. GREEN

Civil Action No. 2:08-01023.

660 F.Supp.2d 738 (2009)

Roger WOLFE, Plaintiff, v. Paul A. GREEN, Jason S. Crane, J.K. Rapp, Kristy L. Layne, D.L. Lemmon, West Virginia State Police, Jason A. Tackett, Emergency Medicine Physicians of Kanawha County, PLLC, and John Does 1-3, Defendants.

United States District Court, S.D. West Virginia, at Charleston.

April 9, 2009.


Attorney(s) appearing for the Case

Benjamin L. Bailey, Eric B. Snyder, Jonathan R. Marshall, Bailey & Glasser, Charleston, WV, for Plaintiff.

Michael D. Mullins, Natalie C. Schaefer, Robert Lee Bailey, Steptoe & Johnson, Gary E. Pullin, Pullin Fowler Flanagan Brown & Poe, Don R. Sensabaugh, Jr., J. Dustin Dillard, Jeffrey M. Wakefield, Michael Bonasso, Flaherty Sensabaugh & Bonasso, Charleston, WV, John A. Hoyer, Virginia G. Lanham, State Police Legal Counsel, South Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, District Judge.

Pending is plaintiff Roger Wolfe's motion to remand filed September 24, 2008, contending that two of the defendants failed to consent to the removal of this action from state court within the thirty-day period prescribed by 28 U.S.C. § 1446(b). While the rule of unanimity, applicable here, requires the consent of all defendants in due course served, each defendant has thirty days...

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