Swindell-Filiaggi v. CSX Corp.

MEMORANDUM RE: PLAINTIFFS’ MOTION TO REMAND

BAYLSON, District Judge.

I. Introduction

This diversity case raises an issue that has divided courts in this District. Plaintiffs have moved to remand this action to state court on the basis of the “forum defendant rule,” 28 U.S.C. § 1441(b)(2). The forum defendant rule provides that an action cannot be removed on the basis of diversity jurisdiction “if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” 28 U.S.C. § 1441(b)(2) (emphasis added). Defendants argue that this…