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08-2367 - Meding et al v. Receptopharm, Inc.


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08-2367 - Meding et al v. Receptopharm, Inc.
October 15, 2008
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MEMORANDUM and ORDER, granting 2 Motion to Remand: This Court concludes that defendant's second notice of removal is untimely. See 28 U.S.C. ยง 1446(b). Plaintiffs' second motion to remand is, therefore, granted, and this action is remanded to the Supreme Court of the State of New York, Queens County. Plaintiffs' motion for recovery of attorneys' fees and costs is denied in light of defendant's good-faith argument for removal. Ordered by Judge Sandra L. Townes on 10/15/2008. (Pastore, F. Alan)