Preview:

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : STONE STREET CAPITAL, INC. : v. McDONALD'S CORPORATION, et al. : MEMORANDUM OPINION Presently pending and ready for resolution is Plaintiff's motion to remand. rules pursuant necessary. I. to The issues are fully briefed and the court now Local Rule 105.6, no hearing being deemed : Civil Action No. DKC 2003-2723 :

For the following reasons, the motion will be granted.

Background On September 23, 2003, Simon Marketing, Inc., one of the

defendants, filed a Notice of Removal from the Circuit Court for Montgomery County, with the consent of the other defendants, McDonald's Corporation and George Chandler. The notice recited

that counsel attempted to file the notice electronically during the evening of September 22, but those attempts were unsuccessful. Blaming the failure on "technical difficulties," counsel requested that the notice be deemed timely.1

The difficulties were not technical. The system operated as contemplated. Rather, as will be detailed below, the court does not currently permit electronic filing of case initiating documents. Counsel asserts that the Notice of Removal could not be filed earlier because the consent from Mr. Chandler was not received until after 7:00 p.m. on the evening of Sept. 22, 2003. (continued...)

1

On October 1, 2003, Plaintiff moved for remand (and requested an award of attorney's fees) on the basis of the untimely removal. In its opposition, Simon Marketing requests the court to exercise discretion to deem the notice timely filed, or alternatively to enlarge the time for removal, or finally, to retain jurisdiction over the case despite the technical, procedural defect of the late filing. Simon Marketing also opposes the request for fees.

While the removal issue was developing, Simon Marketing also filed an emergency motion for extension of time to answer and to stay the proceedings, which is opposed by Plaintiff. This case was conditionally transferred as multidistrict litigation pursuant to 28 U.S.C.

Download Stone Street Capital v. McDonald's Corp., et al., (Opinion).pdf

Maryland Law