Carlton v. Withers

POLOZOLA, District Judge.

The issue presented in this case is whether a person who intervened as a plaintiff in a state court action and who was later named as a defendant in a counterclaim has a right to remove the counterclaim to federal court. This matter is before the Court on the motion of the plaintiff, Ruby Carlton, to remand this action to the Twenty First Judicial District Court, for the Parish of Livingston, State of Louisiana. No oral argument is required on this motion.

This suit was filed to recover damages resulting from an automobile accident that occurred on January 31, 1980, in…