Martin v. National Railroad Passenger Corporation et al, No. 1:2018cv09688 - Document 13 (S.D.N.Y. 2019)

Court Description: OPINION & ORDER re: 7 MOTION to Remand to State Court . filed by Stewart Martin. Under 28 U.S.C. 1447(c), a motion to remand raising a procedural defect must be filed within 30 days. Siverls-Dunham v. Seung Huen Lee, No. 05-Civ-7518 (PKC), 2006 U.S. Dist LEXIS 8021at 9 (S.D.N.Y. Feb. 27, 2006). The rule of unanimity is considered a procedural issue, not a jurisdictional one. Id at 10. Plaintiff filed the motion to remand approximately 7 months after they were served with the notice of removal. Concerning this delay, Plaintiff proffers no excuse. While Plaintiff's concern may have merit, the objection is long overdue; to contest the rule of unanimity, the objection must be filed within 30 days. The motion to remand is denied in its entirety. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 10/31/2019) (rj)