Memorandum Opinion and Order

Pending before the court is the plaintiff’s motion to remand, in which the plaintiff contends that the defendants’ notice of removal to this court was premature. [Docket 6].   The defendants argue that their notice of removal was timely, as it was filed in accordance with the language of 28 U.S.C. § 1446(b).  Section 1446(b) allows removal within thirty days of a defendant’s receipt of a document “from which it may first be ascertained that the case . . . has become removable.”  28 U.S.C. § 1446(b) (2002).   For the reasons discussed herein, the court FINDS that a case may not be removed pursuant to the second paragraph of § 1446(b) until a pleading giving rise to federal jurisdiction has been filed.  As the defendants’ notice of removal was filed upon the entry of a state court order granting the plaintiff leave to amend her complaint to assert federal claims, rather than upon the filing of the amended complaint itself, the defendants’ removal was premature. Accordingly, the court GRANTS the plaintiff’s motion to remand.