Martine v. National Tea Co.

RULING ON PLAINTIFFS’ MOTION TO REMAND

POLOZOLA, District Judge.

This matter is before the Court on plaintiffs’ Motion to Remand and for Costs and Expenses. Though this Court has grave concerns about a plaintiff intentionally withholding service until the one year period for removal has run to prevent removal, the Court finds that the plaintiffs’ Motion to Remand should be granted. However, the Court declines to award costs and expenses to the plaintiffs.

On August 26, 1991 Alexis Martine and his wife, Paula Martine, 1 filed suit in the 19th Judicial District Court, for the Parish of East Baton…