Chavira v. Payless Shoe Source

ORDER GRANTING MOTION TO REMAND

DENNIS L. BECK, United States Magistrate Judge.

INTRODUCTION

Defendant Payless Shoe Source (“Pay-less”) removed this action to U.S. District Court, alleging that plaintiff Virginia Chavira had fraudulently named Dave Vukovich and Larry Baumeister (“the individuals”) as defendants in order to destroy diversity. Plaintiff now moves for remand, arguing that she has viable claims against the individuals which she intends to pursue. Plaintiff also requests her costs, including attorneys’ fees, pursuant to 28 U.S.C. section 1447(c).

Plaintiff claims that her employer,…