McCoy v. Norfolk Southern Railway Co.

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending are 1) the motion of defendant Norfolk Southern Corporation to dismiss for insufficient service of process or, alternatively, to quash service, filed November 23, 2011; 2) the motion of defendant Jack Stepp (the “nondiverse defendant”) to dismiss, filed November 23, 2011; 3) plaintiffs motion to remand, filed December 2, 2011; and 4) plaintiffs motion for leave to amend, filed February 17, 2012.

When, as here, a motion to remand and a motion to dismiss under Rule 12(b)(5) and 12(b)(6) are made, it is ordinarily…