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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46479 Judge Owen PLAINTIFF, A composer who has written music for television shows, commercials, documentaries and other productions, sued defendant, a television production company that specializes in programming for children. Plaintiff sued in state court, seeking damages for the alleged exploitation of her musical compositions by defendant and others. Defendants filed a notice of removal, contending that it had just surfaced that the case involves issues of copyright law within the exclusive jurisdiction of the federal court. Plaintiff then moved to remand to state court partly on the ground that removal was untimely. The court granted plaintiff’s motion, finding that the removal was untimely under 28 USC �1446(b). The court noted that while defendants first unequivocally ascertained that the case in state court was removable on or before Dec. 19, 2003, they did not file a notice of removal until Jan. 30, 2004, more than 30 days later.

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