Phoenix v. Sokoloff, 235 F.3d 352, (7th circuit, 2000)
west headnotes say:
Action was brought in state court against multiple defendants for breach of contract, breach of fiduciary duties, and other claims. Following removal to federal court, plaintiffs moved to remand. The United States District Court for the Northern District of Illinois, Robert W. Gettleman, J., 83 F.Supp.2d 928, granted motion, and defendants appealed. The Court of Appeals, Easterbrook, Circuit Judge, held that Court of Appeals lacked jurisdiction to review remand order, which was based on determination that joinder of removal notice by other defendants, on whom service of process had been obtained before it was made on removing defendant, was untimely.
Appeal dismissed.
District court order remanding case which had been removed to state court on basis that, while removing defendant had timely filed notice on final day of 30-day period for seeking removal, other defendants who joined notice had been served with process before removing defendant, so that their joinder was untimely, was based on a defect in removal procedure, and thus, Court of Appeals lacked jurisdiction to review order. 28 U.S.C.A. ยง 1447(c, d).
