Kellman v. The Home Depot

Background

Plaintiff Sanford Alan Kellman moved to remand based on his contention that Defendant The Home Depot, LLC removed the case after the statutory deadline. The parties agreed that the last day of the 30-day removal period was Saturday, August 16, 2025, and that Home Depot filed its notice of removal on Monday, August 18, 2025.

Court’s analysis

Under 28 U.S.C. § 1446(b)(1), a defendant generally must file a notice of removal within 30 days after receiving the complaint. Because the removal statute does not specify how to calculate the deadline, the court applied Federal Rule of Civil Procedure 6(a). That rule extends a period ending on a Saturday until the end of the next day that is not a Saturday, Sunday, or legal holiday. The court therefore concluded that Home Depot had until Monday, August 18, to file its notice and that the removal was timely.

Kellman argued that Rule 6(a) should not apply because the court’s electronic filing system is available on weekends, removal statutes are strictly interpreted against federal jurisdiction, and a federal procedural rule cannot create jurisdiction. The court stated that Kellman cited no supporting authority and that it was aware of none. It also cited decisions holding that a removal deadline ending on a Saturday extends to the following Monday when that Monday is not a court holiday.

Rulings

The court denied Kellman’s motion to remand. It also denied Home Depot’s request for sanctions because the request was made only in its opposition brief. The court explained that Civil Local Rule 7-8(a) requires a sanctions motion to be separately filed and noticed for hearing.