In a civil action removed from state court to federal court by one defendant, a later-served defendant consents to the removal within the allowed time. What is true?

In a civil action removed from state court to federal court by one defendant, a later-served defendant consents to the removal within the allowed time. What is true?

• A. The court must remand because all defendants did not join in a single removal notice.
• B. The removal can proceed because timely consent by all defendants is effective.
• C. The removal is improper because multiple defendants cannot remove together.
• D. The plaintiff may instruct the court to remand regardless of consent.

Answer: (B)

The key idea is that removal from state court to federal court requires unanimity among properly served defendants, but a defendant who is served later can still join the removal by timely consent. If one defendant removes and another defendant who was served later provides consent within the allowed time (the removal window, typically 30 days from service of that defendant), the removal remains valid for all defendants. Here, the later-served defendant’s timely consent satisfies the requirement, so the removal can proceed. The other options fail because remand isn’t mandated just because not all defendants joined in a single notice; multiple defendants can remove together, and the plaintiff cannot unilaterally force remand—the court decides based on the defendants’ timely consent.

The key idea is that removal from state court to federal court requires unanimity among properly served defendants, but a defendant who is served later can still join the removal by timely consent. If one defendant removes and another defendant who was served later provides consent within the allowed time (the removal window, typically 30 days from service of that defendant), the removal remains valid for all defendants. Here, the later-served defendant’s timely consent satisfies the requirement, so the removal can proceed. The other options fail because remand isn’t mandated just because not all defendants joined in a single notice; multiple defendants can remove together, and the plaintiff cannot unilaterally force remand—the court decides based on the defendants’ timely consent.