Estevez-Gonzalez v. Kraft, Inc.

ORDER REMANDING CAUSE

JAMES LAWRENCE KING, Chief Judge.

This cause arises before the Court upon the petition of the defendant, KRAFT, INC., to remove the action instituted by the plaintiffs, MARIO ESTEVEZ-GONZALEZ, and NUBIA GONZALEZ, in the Eleventh Judicial Circuit Court, Dade County, Florida, Case No. 84-39354, and upon the plaintiffs’ motion for remand.

Plaintiffs have objected to defendant’s proposed removal upon two grounds.

1. Waiver of Removal Right

First, plaintiffs allege that the Defendant, KRAFT, INC., has lost its right to remove because of substantial defensive action taken in state…