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In re Willis

The 30-day limit on removal to federal court under 28 U.S.C. ' 1441 begins to run upon receipt of the initial complaint only when the complaint explicitly discloses the plaintiff is seeking damages in excess of the federal jurisdictional amount.

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The full case caption appears at the end of this opinion.

Zachary Perry, a Missouri resident, filed this personal injury action inMissouri state court on October 7, 1999, against Virginia resident CurtisBruce Willis. The complaint sought an unspecified amount of damagesfor pain and suffering, permanent disability, and wage loss. Following aninitial round of discovery wherein Perry filed an Offer of Judgment in theamount of $75,001, Willis removed the action to federal court under 28U.S.C. � 1441(b), asserting the court had diversity jurisdiction under 28U.S.C. � 1332(a). Perry then moved to remand the case to state court,arguing the notice of removal was filed beyond the thirty-day time limit of28 U.S.C. � 1446(b). The district court agreed, reasoning that the casewas removable when filed and therefore the alternative time limit 1 ofsection 1446(b) did not apply.

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