Walgreens missed its window to remove a case against it to federal court and U.S. District Judge Gene Pratter of the Eastern District of Pennsylvania wasn’t persuaded that its second notice of removal would qualify for an exception to the 30-day removal deadline.
After its first bid for removal failed, Walgreens submitted a second notice for removal with an affidavit from one of the company’s corporate legal assistants in an effort to assert diversity jurisdiction but it came well after the 30-day limit and the attachment of the affidavit doesn’t count as a paper that establishes for the first time that the case is removable, thereby refreshing the 30-day limit, Pratter said.
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