Miller v. BAS Technical Employment Placement Co.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending is Plaintiffs motion to remand. The Court DENIES the motion without prejudice. 1

I. INTRODUCTION

This action presents the Hobson’s choice frequently facing defendants in state civil actions. In sum, a non-resident defendant joined with a resident defendant, whom the former believes is fraudulently joined, must often choose between (1) remaining in state court and letting the one-year time limit allowed for diversity-based removal expire; 2 or (2) removing the case, risking a remand, and suffering fees and costs for improvident removal. 3

In…