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KNIGHT v. SCHNETDER NATIONAL CARRIERS

United States District Court, N.D. Illinois


March 16, 2004.

JAMES E. KNIGHT
v.
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 Page 2

  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. Page 1

20040316

© 1992-2004 VersusLaw Inc.



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