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Moltner v. Starbucks Coffee Co., No. 09-4943

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By FindLaw Staff on November 02, 2010 1:29 PM

Denial of Motion to Remand Affirmed

In Moltner v. Starbucks Coffee Co., No. 09-4943, a tort action arising from injuries allegedly sustained when plaintiff spilled tea on herself at Starbucks, the court affirmed the denial of plaintiff's motion to remand where the time for removal ran from the service of the first paper stating on its face the amount of damages sought.

As the court wrote:  "Plaintiff-appellant Rachel Moltner appeals from a judgment of the United States District Court for the Southern District of New York (Preska, C.J.) entered on October 27, 2009, granting the motion of defendant-appellant Starbucks Coffee Company ("Starbucks") for summary judgment. On this appeal, Moltner also challenges an order of the district court entered on February 27, 2009, denying her motion to remand the case to state court. Moltner sought to remand the case on the ground that Starbucks' removal of the case under 28 U.S.C. § 1446 was untimely."

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