Dr. Sanford Alan Kellman v. The Home Depot, LLC

Summary

The United States District Court for the Northern District of California denied Sanford Alan Kellman’s motion to remand, holding that Home Depot’s removal was timely. Because the 30-day removal period ended on a Saturday, Federal Rule of Civil Procedure 6(a) extended the deadline to the following Monday. The court also denied Home Depot’s request for sanctions because it was not separately filed and noticed.

Holdings

1. Federal Rule of Civil Procedure 6(a) governs computation of the removal deadline because 28 U.S.C. § 1446 does not specify a method for computing time. When the last day falls on a Saturday, the period continues until the next day that is not a Saturday, Sunday, or legal holiday; therefore, Home Depot's filing on Monday, August 18, was timely and remand was unwarranted.
2. The sanctions request was procedurally improper because Civil Local Rule 7-8(a) requires a sanctions motion to be separately filed and noticed for hearing.

Questions Presented

1. Whether a notice of removal filed on the Monday following a Saturday deadline is timely under Federal Rule of Civil Procedure 6(a) and 28 U.S.C. § 1446(b)(1).
2. Whether Defendant's request for sanctions made only in its opposition brief was procedurally proper under Civil Local Rule 7-8(a).

Disposition

other