Legal Opinion

Magallan v. Zurich American Insurance Co.

District Court, N.D. Oklahoma

Decided January 11, 2017No. Case No. 16-CV-0668-CVE-FHMPublishedCited by 6 opinions

1Opinion of the Court

OPINION AND ORDER

CLAIRE V. EAGAN, UNITED STATES DISTRICT JUDGE

Now before the Court is plaintiffs Motion to Remand and Supporting Brief (Dkt. # 19). Plaintiff asserts that, under 28 U.S.C. § 1441(b), this case is not removable because defendant John Crelia is a citizen of Oklahoma, the state in which the suit was brought. Dkt. # 19, at 3. Defendant Zurich American Insurance Company (Zurich) responds that Crelia was a citizen of Arkansas at the time the suit was filed, and, alternatively, that removal was permitted because Zurich removed the case before plaintiff served Crelia. Dkt, # 28, at 3,…

2Cases cited17 opinions

  1. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994
  2. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  3. Duncan v. WalkerSupreme Court of the United States · 2001
  4. Griffin v. Oceanic Contractors, Inc.Supreme Court of the United States · 1982
  5. Wilson v. Republic Iron & Steel Co.Supreme Court of the United States · 1921

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3Cited by6 opinions

  1. Little v. Wyndham Worldwide Operations, Inc.District Court, M.D. Tennessee · 2017
  2. Alarcon v. Aberration, Inc.District Court, S.D. Texas · 2021
  3. Matorel v. MortensenDistrict Court, D. Utah · 2025
  4. Saldin v. Holo Holo Charters, Inc.District Court, D. Hawaii · 2024
  5. Tortella v. RAKS Building Supply, Inc.District Court, D. New Mexico · 2024

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