In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision. Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. The four incorrect answers are other holding statements. You should find the correct option. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
Q: removal was untimely, and thus, this cause should be remanded to state court. The notice of removal must be filed "within thirty days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based ..." 28 U.S.C.A. 1446(b) (West Supp.1991). When, as here, removability can be determined from the face of the original state court petition, the thirty day removal period runs from the date the defendant receives the petition. Harding v. Allied Products Corp., 703 F.Supp. 51, 52-53 (W.D.Tenn.1989) (relying on plain language of 1446(b), which says "receipt by defendant, through service or otherwise ... "); Uhles v. F. W. Woolworth Co., 715 F.Supp. 297, 298 (C.D.Cal.1989) (<HOLDING>). See also Shamrock Oil & Gas Corp. v. Sheets,
Holding statements: (A) holding that thirty day period began to run when defendants inhouse counsel received copy of complaint and engaged in settlement negotiations (B) holding that removal under the second paragraph of 1446b did not apply and defendants therefore had removed outside of the thirty day time period triggered at the time of service of the complaint (C) recognizing that while defendants may freely amend their notice of removal within thirty days of service they may not add new grounds for removal after the thirty day period has expired (D) holding that the thirty day time limit was mandatory but not jurisdictional (E) holding that the statute of limitations began to run when the plaintiff first received notice of an alleged deficiency from the irs not when he received a final determination of tax liability
A:
(A)