Foley v. Allied Interstate, Inc.

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO REMAND

STOTLER, District Judge.

I

INTRODUCTION

Plaintiffs motion for remand asks the Court to find that one of the removing defendants (Allied Interstate, Inc., hereinafter, “Allied”) did not legitimately, through an authorized representative, join in the removal, but, in the event that join-der is found to be unanimous, to further find that the same defendant waived its right to removal by continuing to litigate the matter in state court.

No case appears to have addressed these precise issues, but given the evidence adduced by the parties…