United States District Court, N.D. Illinois
March 16, 2004.
JAMES E. KNIGHT
SCHNETDER NATIONAL CARRIERS, INC.
The opinion of the court was delivered by: JAMES MORAN, Senior District Judge
MEMORANDUM OPINION AND ORDER
Plaintiff was allegedly injured during an incident involving a truck
stuck under a viaduct. He sued, in state court, the driver and four
Schneider corporations, claiming that one or more of them was the
driver's employer. Defendants removed the case on the basis of diversity,
and Judge Andersen remanded because the removal was too late.
But, actually, the removal was not tardy. One of the Schneider
corporations was allegedly a "domestic" corporation, which we take to
mean a corporation incorporated in Illinois. Thus there was not complete
diversity and no right to remove. Plaintiff, back in state court, amended
his complaint to drop the "domestic" corporation. That did result in
complete diversity, and defendants removed the action once again, and
this time within thirty days of the amendment. Plaintiff now moves to
remand. That motion Is denied.
The parties do not dispute that a defendant can remove a case based on
diversity jurisdiction once a non-diversity party is no longer in the
case and there is, as a result, complete diversity. That is what happened
here. We are not privy to what happened before
Judge Andersen. If defendants then took the position that there was
complete diversity, and were in error, perhaps plaintiff is entitled to
some fees for having to contest a baseless removal petition. Defendants
certainly had to know their own corporate citizenship. But why plaintiff
did not note that one of the defendants was a "domestic" corporation is
somewhat of a mystery. A baseless removal petition does not, however,
trump a removal petition once there Is complete diversity.
© 1992-2004 VersusLaw Inc.