1 this is a short statement signed pursuant to rule

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1. This is a short statement signed pursuant to Rule 11. 2. §1446(b): The notice must be filed w/in 30 days of receiving ’s pleading in the state suit 1. “w/in 30 days notice of whatever makes case removable” 3. §1446(d): Once notice is filed and state crt is notified, state crt loses control of case automatically/immediately 4. 1447, Procedure after removal 1. §1447(c): If contends case is not w/in fed crt’s SMJ or ∆ has not followed procedure correctly, can move in fed crt to remand case back to state crt. 1. If basis for remand motion is failure to comply w/ procedure, motion must be made w/in 30 days or the objection is waived. 1. Remand motion is basically Π s answer to ∆s removal motion 4. State law claims with federal ingredients: 1. Grable v. Darue Engineering: May a state case involving the interpretation of a federal law be removed to fed crt, despite it destroying diversity? 1. Rule: A claim that doesn't follow the "creation test" can be tried in fed crt if fed crt decides that state law claim necessarily raises a (a) stated fed issue, which is (b) actually disputed and substantial, that a fed forum can entertain (c) w/out disturbing any cong approved balance of federal and state judicial responsibilities 5. DEFINING THE DISPUTE: PLEADINGS 1. The Plaintiff’s Side of the Story: The Complaint: 1. Fed. R. Civ. P. 7, 8, 9, 10, 11, 12; cf Forms 1, 2, 7, 11 1. R7: Pleadings Allowed, form of motions. No demurrers. 1. Pleadings include complaint, answer and reply. 2. (A) Pleading allowed are a complaint and an answer, reply to a counter claim, answer to a cross claim, third party complaint if a person was not an original party summoned under rule 14, third party answer if a third party complaint is served 3. (b) An application to the court for an order shall be in the by motion which, unless, made during a hearing or trial, shall be made in writing, shall state with particularity the grounds therefore, and shall set forth the relief or order sought. 7
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4. (c) Demurrers, pleas & exceptions for insufficiency of a pleading shall not be used (12(b)(6) instead) 2. R8: General Rules of Pleading 1. 8(a)(1) – A short and plain statement of the grounds for jurisdiction 2. 8(a)(2) – A short statement showing the P is entitle to relief 3. 8(a)(3) – A demand for judgment for the relief sought 4. 8(b) – D must respond with a short and plain description of his defenses. D can admit or deny any allegations, or state insufficient knowledge/information 5. 8(e)(2) – Parties are allowed to plead in the alternative (inconsistently). 3. R9: Pleading Special Matters 1. 9(b) In claims of fraud/mistake circumstances constituting such need to be described w/ particularity 1. Applies in securities cases/PSLRA 4. R 10: Form of Pleadings 1. 10(a): Every pleading (complaint, answer, etc) must have a caption 1.
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