sufficient to give notice of a state proceeding such that the defendant can ascertain the removability of the proceeding. See Tyler v. Prudential Insurance Co., 524 F. Supp. 1211, 1214 (W.D. Pa. 1981) (petition for rule to show cause in action under Pennsylvania no-fault law). Although Antonucci found arbitration petitions were insufficient to meet this standard, the Court of Appeals has since drawn the opposite conclusion.
In Manze v. State Farm Insurance Co., 817 F.2d 1062 (3d Cir. 1987), plaintiff had filed a similar petition for appointment of a neutral arbitrator of an insurance dispute under Pennsylvania law. The Court of Appeals regarded this "initial pleading" not only as sufficient to support defendant's subsequent removal to federal court, but also observed that the running of the thirty-day filing period for removal began with the filing of that petition. Id. at 1069. See also C. Wright, A. Miller & E. Cooper, 14A Federal Practice and Procedure § 3732, at 524 (noting that the initiation of a state court arbitration proceeding may meet "the requirement of a 'civil action brought in a State court'" for removal purposes).
Defendant's petition for removal properly alleges the elements of diversity jurisdiction, which plaintiff does not rebut. Therefore, it is hereby ORDERED and DIRECTED that plaintiff's motion for remand is DENIED.
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