CO-DEFENDANT’S CONSENT TO REMOVAL MUST BE GIVEN AND FILED WITHIN 30 DAY PERIOD

Last Tuesday, the U.S. District Court for the Northern District of Texas examined a motion to remand based on a failure of two co-defendants to join or consent to the removal within thirty days of service.  In Grand Texas Homes v. American Safety Indemnity Company, 2012 WL 5355958 (N.D.Tex. October 30, 2012), American Indemnity responded to the motion to remand and attached two e-mails showing that the other defendants had consented.  The court observed that the consent was to be filed within thirty days of removal and the mere representation in the insurer’s removal documents that  the codefendants had  consented, without filing the consent or acting on behalf of the codefendants with their permission, failed to satisfy the requirement that the consent be filed within thirty days.  As a result, the consent was untimely and the case was remanded to state court.