Rodgers v. Northwestern Mutual Life Insurance

MEMORANDUM OPINION

MICHAEL, Senior District Judge.

For the second time in a three month period, plaintiff challenges the removal of this case from the state court and seeks to remand this case back from whence it came. In Rodgers v. Northwestern Mutual Life Insurance Co., 939 F.Supp. 1254 (W.D.Va.1996) (“Rodgers I ”), this court held that defendant could not rely on the plaintiffs initial motion for judgment in its effort to trigger the removal provisions contained in the second paragraph of 28 U.S.C. § 1446(b). Defendant has now removed this case to federal court on the basis of (1) an October…