Wiacek v. Equitable Life Assurance Society of the United States

MEMORANDUM OPINION AND ORDER

ZATKOFF, District Judge.

In resolving plaintiffs’ motion to remand, the Court holds that a non-diverse defendant, that was fraudulently joined and involuntarily dismissed in state court, does not destroy complete diversity of citizenship for purposes of establishing subject matter jurisdiction upon removal.

I

This is a slip and fall case and it is before the Court on plaintiffs’ motion to remand to the Wayne County Circuit Court — the Court from which it was removed. Defendants have filed a response brief and a supplemental brief. 1 Pursuant to E.D.Mich.Loeal R.…