Thomas v. D. Bianchini Tully

Full title: TERRY G. THOMAS v. D. BIANCHINI TULLY and ALLSTATE INSURANCE COMPANY

Court: United States District Court, E.D. Louisiana

Date published: Nov 22, 2006

CIVIL ACTION NO. 06-7909, SECTION "F" (E.D. La. Nov. 22, 2006)

Opinion

CIVIL ACTION NO. 06-7909, SECTION "F".

November 22, 2006

ORDER AND REASONS

MARTIN FELDMAN, District Judge

Before the Court is plaintiff's motion to remand. For the reasons that follow, the motion is DENIED as premature.

The Fifth Circuit applies the "rule of unanimity" to removed cases with multiple defendants: Absent exceptional circumstances, all served defendants must join or otherwise file a written notice of consent to removal before the expiration of the 30-day removal period in 28 U.S.C. § 1446. Getty Oil Corp. v. Insurance Co. of North America, 841 F.2d 1254, 1261-62 (5^th Cir. 1988) (holding that all served defendants are required to join in petition for removal no later than 30 days from the date on which the first defendant was served); Gillis v. Louisiana, 294 F.3d 755, 759 (5^th Cir. 2002) (finding exceptional circumstances cured board's retroactive ratification of consent, given that the board attempted to schedule a meeting before removal period expired, chairman of the board was also a plaintiff, and timely consent was given by an agent who was informally authorized).

The plaintiffs sued both their insurer and their agent. But at this time, the agent, D. Bianchini Tully, has not been served and is not yet a proper party to this lawsuit.

Accordingly, the plaintiff's motion to remand is DENIED as premature.