Smith v. MBL Life Assurance Corp.

MEMORANDUM OPINION

ACKER, District Judge.

On September 22,1989, defendants, MBL Life Assurance Corporation and Mutual Benefit Life, filed a written response to this court’s show cause order entered on September 20, 1989. 1 On September 25, 1989, defendants appeared at this court’s regular motion docket as required by that order. Prompted by the court’s order, plaintiff at the motion docket orally moved to remand the case to the Circuit Court of Jefferson County, Alabama.

The issue presented is, in some respects, simple and, in other respects, complex. If this court were willing simply to borrow…