Davis Ex Rel. Estate of Davis v. General Motors Corp.

MEMORANDUM OPINION AND ORDER

FULLER, Chief Judge.

This cause is now before the court on the motion to remand and motion to amend the Complaint filed by the Plaintiffs (Doc. #7). Defendant General Motors Corporation opposes the motion to amend the Complaint on the basis that it will destroy diversity jurisdiction and contends that this court should retain subject matter jurisdiction over this case (Doc. # 10). For the reasons to be discussed, the court finds that the motion to amend the Complaint and motion to remand are due to be GRANTED.

I. FACTUAL BACKGROUND

On October 8, 2004, this action was…