Wolfe v. Wal-Mart Corp.

ORDER GRANTING PLAINTIFF’S MOTION TO REMAND

KEELEY, District Judge.

The Court has pending before it plaintiffs motion to remand this case to the Circuit Court of Monongalia County. By filing a motion for summary judgment in state court while on notice that the non-diverse defendant was being dismissed from the case, Wal-Mart engaged in substantive action in state court, thereby waiving its right to remove to federal court. Accordingly, the plaintiffs motion to remand is GRANTED and this case is REMANDED to the Circuit Court of Mo-nongalia County for further proceedings.

I. BACKGROUND

Molly Wolfe…