Enbridge Energy, LP v. Nessel · ¶8

For defendants seeking to remove under § 1441(a), the procedures for doing so are largely set forth in § 1446. Key here as to timing, the “notice of removal of a civil action or proceeding shall be fled within 30 days after the receipt” of the “initial pleading” in that action, “or within 30 days after the service of summons upon the defendant[,] . . . whichever period is shorter.” § 1446(b). This 30-day default rule is subject to several exceptions in § 1446 and elsewhere. Section 1446(b)(3), for instance, extends the 30-day deadline if an initial pleading did not provide a basis for removal but it is later “ascertained that the case is one which is or has become removable.” As detailed below, this rule, in turn, is subject to an exception (which itself has yet another exception). § 1446(c)(1); see infra, at 78. Outside of § 1446 itself, Congress has also allowed later removal, for…

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