In October of 2013, the United States District Court in the Eastern District of Kentucky heard a case involving disability discrimination and failure to accommodate issues. (See Garber v. Bosch Rexroth Corp., 2013 WL 5934646 (E.D. Ky. 2013)). The lawsuit was filed by plaintiff’s disability discrimination and failure to accommodate attorney on October 26, 2012. The attorney then amended the complain on August 1, 2013 adding claims of retaliation, wrongful discharge, conversion and breach of contract. Id. The defendants removed the case from Kentucky state court to Kentucky federal court.
The defendants’ disability discrimination and failure to accommodate attorney argued that two of the defendants were fraudulently joined to prevent diversity. Id. Plaintiff’s disability discrimination and failure to accommodate attorney argued that the defendants were too late in filing their motion to remove and that the discrimination case should be remanded to state court.
The court in this Kentucky disability discrimination and failure to accommodate agreed with the plaintiff. Pursuant to section 1446(b)(3), defendants had 30 days from July 3, 2013 to file their notice to remove. They did not do that until August 22, 2013. Accordingly, their motion was untimely.
The defendant’s disability discrimination attorney tries to argue that under a federal question jurisdiction that the case could be removed. But, the court did not agree and stated that the additional counts that were added to the discrimination complaint were not of the federal question jurisdiction nature and thus could not be used as reasons to remove the case to federal court based on a federal question. Thus, the case was remanded back to the Kentucky state court.
If you have been the subject of a disability discrimination and failure to accommodate case, please call and speak to a disability discrimination and failure to accommodate attorney at the Law Offices of Andrew Alitowski, P.A. at 888-ASK-ANDREW (888-275-2637) or contact us. We are available 24 hours a day, 7 days a week.
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