Murphy Bros., Inc. v. Michetti Pipe Stringing, Inc.

On January 26, 1996, Michetti Pipe Stringing, Inc. (Michetti) (plaintiff), a Canadian company, filed a lawsuit in Alabama state court against Murphy Bros., Inc. (Murphy) (defendant), an Illinois company, alleging fraud and breach of contract. Michetti faxed a copy of its complaint to Murphy on January 29 but did not officially serve Murphy with the complaint and a summons until February 12. On March 13, which was 30 days after official service of the complaint but 44 days after receiving a copy of the complaint, Murphy removed the case to federal district court on diversity-jurisdiction grounds. Michetti moved to remand the case to state court, arguing that Murphy had improperly removed the case after the 30-day removal period imposed by 28 U.S.C. § 1446(b) had expired. Michetti asserted the date that it faxed Murphy a copy of the complaint was the date that the 30-day removal period began. To support its argument, Michetti highlighted language from § 1446(b), which provided that a defendant may remove a case to federal court within 30 days of receiving the complaint through service or otherwise. The district court denied Michetti’s motion, holding that the 30-day removal period began when Murphy was officially served a summons. The court of appeals reversed the district court, holding that the 30-day removal period began when Murphy was sent a copy of the complaint. The United States Supreme Court granted certiorari.