Roda Joann Rivera v. QuikTrip Corporation, et al.

Summary

The United States District Court for the District of Arizona addresses the apparent untimeliness of QuikTrip Corporation's notice of removal. The court states that the notice was filed three days after the thirty-day deadline and advises the plaintiff that any motion to remand must be filed within thirty days of the notice of removal.

Holdings

1. A defendant must file a notice of removal within thirty days after receiving, through service or otherwise, a copy of the complaint; based on QuikTrip's admitted November 5, 2025 service date, the December 8, 2025 notice of removal appeared untimely.
2. If plaintiff wishes to seek remand on the apparent procedural defect, she must file a motion to remand within thirty days after the notice of removal was filed.

Questions Presented

1. Whether QuikTrip's notice of removal was timely under 28 U.S.C. § 1446(b).
2. What deadline applies to plaintiff's potential motion to remand based on untimely removal.

Disposition

other