Daigle, Himel, Daigle Physical Therapy Center and Rehabilitation, Inc. v. Universal AdCom, LLC and Jim Gildenblatt

Summary

The United States District Court for the Eastern District of Louisiana grants Daigle, Himel, Daigle Physical Therapy Center and Rehabilitation, Inc.’s motion to remand. The court holds that defendants’ removal was untimely under 28 U.S.C. § 1446(b)(3), because the state-court consolidation order established the amount in controversy and the dismissal of the nondiverse defendant established complete diversity no later than May 6, 2025. The court denies attorney fees and costs, leave to amend the removal notice, and a motion to strike.

Holdings

1. Removal was untimely because the August 2023 consolidation order made the amount in controversy exceeding $75,000 unequivocally clear and certain, and the May 6, 2025 dismissal of the nondiverse defendant made complete diversity clear. The 30-day removal period therefore expired no later than June 5, 2025, more than four months before defendants removed.
2. The bad-faith exception in 28 U.S.C. § 1446(c)(1), even if applicable, does not extend or eliminate the separate 30-day filing requirement in § 1446(b)(3).
3. Attorney fees and costs were denied because defendants had an objectively reasonable basis for removal in light of the unusual procedural history involving 28 consolidated lawsuits.

Questions Presented

1. Whether defendants' October 15, 2025 notice of removal was timely under 28 U.S.C. § 1446(b)(3).
2. Whether the August 2023 state-court consolidation order made the aggregate amount in controversy unequivocally clear and certain for purposes of removal.
3. Whether the dismissal of the nondiverse defendant made complete diversity unequivocally clear and certain, thereby starting the 30-day removal period.
4. Whether the bad-faith exception in 28 U.S.C. § 1446(c)(1) could extend the 30-day removal deadline in § 1446(b)(3).
5. Whether plaintiff was entitled to attorney fees and costs under 28 U.S.C. § 1447(c).

Disposition

remanded