21-0249-cv Abbo-Bradley, et al. v. City of Niagara Falls, et al. UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT August Term 2021 (Argued: May 13, 2022 Decided: July 14, 2023) Docket No. 21-0249-cv JOANN ABBO-BRADLEY, individually and as Parent and Natural Guardian of D.B., individually and as Parent and Natural Guardian of T.B., individually and as Parent and Natural Guardian of C.B., MELANIE HERR, ZACHARY HERR, individually and as Parent and Natural Guardian of C.H., as Parent and Natural Guardian of H.H., ELENA KORSON, as Parent and Natural Guardian of L.K., NATHAN E. KORSON, Plaintiffs-Appellees, v. CITY OF NIAGARA FALLS, NIAGARA FALLS WATER BOARD, CONESTOGA-ROVERS & ASSOCIATES, CECOS INTERNATIONAL, INC., MILLER SPRINGS REMEDIATION MANAGEMENT, INC., OCCIDENTAL CHEMICAL CORPORATION, individually and as Successor in Interest to Hooker Chemicals and Plastics Corporation, OP-TECH ENVIRONMENTAL SERVICES, ROY'S PLUMBING, INC., SCOTT LAWN YARD, INC., SEVENSON ENVIRONMENTAL SERVICES, INC., GLENN SPRINGS HOLDINGS, INC., Defendants-Appellants. ON APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF NEW YORK Before: CHIN, SULLIVAN, AND MENASHI, Circuit Judges. Appeal from an order of the United States District Court for the Western District of New York (Geraci, J.), entered January 25, 2021, in favor of plaintiffs-appellees -- members of three families residing in the City of Niagara Falls -- remanding this case, along with 18 identical cases, to the State of New York Supreme Court, County of Niagara. Defendants-appellants are companies tasked with remediating disposal sites of hazardous chemicals in accordance with federal law. The initial complaints in these identical cases addressed only one disposal site. The complaints were all amended in 2020, however, to add three additional sites. After the amendments, defendants-appellants sought to remove all 19 cases to federal court on the basis of federal officer and federal question jurisdiction. The district court held that the notice of removal was untimely. AFFIRMED. Judge Sullivan concurs in a separate opinion. 2 CHARLES S. SIEGEL (Peter A. Kraus, Leslie C. MacLean, on the brief), Waters & Kraus, LLP, Dallas, TX, and Christen E. Civiletto, East Amherst, NY, and Melissa L. Stewart, Steven J. Phillips, Phillips & Paolicelli, LLP, New York, NY, and Paul Barr, Fanizzi & Barr, Niagara Falls, NY, for Plaintiffs- Appellees. DOUGLAS E. FLEMING III (Sheila L. Birnbaum, Lincoln Davis Wilson, on the brief), Dechert LLP, New York, NY, and Kevin M. Hogan, Andrew P. Devine, Joshua Glasgow, and Elizabeth Bove, Phillips Lytle LLP, Buffalo, NY, for Defendants- Appellants Occidental Chemical Corporation, Glenn Springs Holdings, Inc., and Miller Springs Remediation Management, Inc. Zackary D. Knaub, Greenberg Traurig, LLP, Albany, NY, and William G. Beck, Lathrop GPM, Kansas City, MO, for Defendant-Appellant CECOS International, Inc. Jeffrey D. Schulman, Pillinger Miller Tarallo LLP, Syracuse, NY, for Defendant-Appellant OP-Tech Environmental Services. Robert E. Knoer, Alice J. Cunningham, The Knoer Group, PLLC, Buffalo, NY, for Defendant-Appellant Roy's Plumbing, Inc. Mark P. Della Posta, Walsh, Roberts & Grace LLP, Buffalo, NY, for Defendant-Appellant City of Niagara Falls. 3 Jeffrey F. Baase, Corey J. Weber, Rupp Baase Pfalzgraf Cunningham LLC, Buffalo, …
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