Solutions to Schnayer problem

The problem:

The "uninamity principle" requires that all defendants must join in a removal notice. One defendant in a multi-defendant case is served before the other defendants. The thirty-day clock under 28 U.S.C. § 1446(b) starts ticking. The other defendants have not been served yet, and are not served within thirty days. How does the first-served defendant satisfy the unanimity principle?

Solutions:

1. The first-served defendant gives the other named defendant a copy of the complaint. That starts the clock ticking for them under section 1446(b) because the clock starts upon "receipt by the defendant, through service or otherwise, of a copy of the initial pleading."

2. “The unanimity rule is subject to three pivotal exceptions. [A] party asserting proper removal may raise an exception to the unanimity rule when: ‘(1) the non-joining defendants have not been served with service of process at the time the removal petition is filed . . . ." Snakepit Automotive, Inc. v. Superperformance International, LLC, 489 F. Supp.2d 196, 201-202 (E.D.N.Y. 2007) [internal citations and quotations omitted]; accord Borden v. Blue Cross and Blue Shield, 418 F. Supp.2d 266, 270 (W.D.N.Y. 2006).