Rivera v. QuikTrip Corporation et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Roda Joann Rivera,
Plaintiff,
v.
QuikTrip Corporation, et al.,
Defendants.
No. CV-25-04564-PHX-KML
ORDER
A defendant wishing to remove a case from state court must file a notice of removal
“‘within thirty days after the receipt by the defendant, through service or otherwise, of a
copy of the [complaint].’” Murphy Bros. v. Michetti Pipe Stringing, Inc., 526 U.S. 344,
347 (1999) (quoting 28 U.S.C. § 1446(b)). Defendant QuikTrip Corporation admits it was
served on November 5, 2025. (Doc. 1 at 2.) That date of service required the notice of
removal be filed no later than December 5, 2025. QuikTrip did not file its notice of removal
until December 8, 2025. (Doc. 1.) Therefore, it appears the notice of removal was not
timely. If that is accurate, and if plaintiff were to file a motion to remand, the court would
have no choice but to remand. See Friedenberg v. Lane Cnty., 68 F.4th 1113, 1121 (9th
Cir. 2023) (“a timely objection to a late petition will defeat removal”) (simplified).
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Case 2:25-cv-04564-KML Document 7 Filed 12/11/25 Page 1 of 2

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Accordingly,
IT IS ORDERED if plaintiff wishes to seek remand, she must do so within 30 days
of the filing of the notice of removal.
Dated this 10th day of December, 2025.
Case 2:25-cv-04564-KML Document 7 Filed 12/11/25 Page 2 of 2