petition was defective and the case required remand). Cf. Maori v. M & M Contractors, Inc., 897 F.Supp. 381, 384 (N.D.Ind.1995) (“The plaintiff has a right to remand if the defe 151, 1157-58 (N.D.Cal.2003) (the defendant railroad was required to file a notice of removal within thirty days of receiving the complaint in a wrongful death action arising after a student was hit by a train while riding his bicycle to school, rather than within thirty d 65, 169-70 (S.D.Tex.1995) (remanding a case where the removing defendants had all of the information needed to remove the case based on fraudulent joinder on the date they were served with the plaintiffs complaint, but filed the notice of removal more than thirty days later); Delatte v. Zurich Ins. Co., 683 F.Supp. 1062, 1064 (M.D.La.1988) (<HOLDING>); Skidmore v. Beech Aircraft Corp., 672 F.Supp.
holding that removal based on fraudulent joinder was not timely where it occurred more than thirty days after the removing defendants learned of facts showing that a nondiverse codefendant was fraudulently joined holding that were the court to find fraudulent joinder as to a nondiverse defendant on the basis of evidence equally dispositive of the liability of that defendant and a nondiverse defendant a refusal later in the proceedings to give judgment for the diverse defendant on the same grounds in turn would require the court to revisit a ruling that the nondiverse defendant was fraudulently joined holding that a notice of removal based on fraudulent joinder was procedurally defective because it was filed more than thirty days after defendants could have intelligently ascertained that the action was removable holding that removal was untimely where the removing defendant could have ascertained from the face of a complaint that certain nondiverse codefendants were fraudulently joined but did not seek removal based on fraudulent joinder until after the state court granted a motion to strike the plaintiffs allegations against the diversitydefeating codefendants holding that failure to remove within thirty days after receiving a statecourt complaint from which the removing defendant could have discerned fraudulent joinder of a nondiverse party rendered removal untimely