Probus v. Charter Communications, LLC

OPINION

BOYCE F. MARTIN, JR., Circuit Judge.

Plaintiff Pat Probus sued her former employer, Charter Communications, and her former co-worker, Kelly Guiles, in Kentucky state court, alleging various violations of state law. Defendants removed the case to federal court, contending in their notice of removal that even though Probus and Guiles were both citizens of Kentucky, Probus had fraudulently joined Guiles as a defendant for the purpose of destroying diversity. Without addressing the issue of subject matter jurisdiction, the district court entered summary judgment in favor of both defendants…