Burke v. General Motors Corp.

MEMORANDUM OPINION

McFADDEN, Chief Judge.

This action is before the court on motion of the plaintiff for an order remanding the case to state court.

The plaintiff originally filed this action in the Circuit Court for Jefferson County, Alabama against Callaway Oldsmobile-Cadillac Co., a resident defendant, and General Motors Corp., a nonresident defendant, thereby prohibiting removal to federal district court. Subsequently, a “default judgment” was entered in favor of the plaintiff and against the resident defendant with leave to prove damages. However, before damages were proved, General Motors…