Dalton, et al. v. Walgreen Co., No. 13-2047 (8th Cir. 2013)
Annotate this CasePlaintiffs filed a putative class action in Missouri state court against Walgreens seeking damages related to Walgreens' alleged practice of coding its web pages to cause tracking codes or "flash cookies" to be downloaded onto plaintiffs' computers. Walgreens filed its notice of removal nearly one year after plaintiffs initially filed the putative class action. The court declined to adopt Walgreens' reading of the Class Action Fairness Act (CAFA), 28 U.S.C. 1446(b)(3), holding that discovery responses were not "other paper" under section 1446(b)(3) as a matter of law. Therefore, Walgreens had no statutory basis to remove the case at this juncture. Accordingly, the court affirmed the district court's order remanding the case to state court and declined to reach Walgreens' remaining arguments.
Court Description: Civil Case - Class Action Fairness Act. District court's remand of the case to state court is affirmed, as Walgreen's removal was untimely. Discovery responses received in a separate case against a different defendant involving only one of the plaintiffs in this case are not "other paper" under 28 U.S.C. section 1446(b)(3) as a matter of law. Thus, Walgreens had no stautory basis to remove this case. [ July 11, 2013
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