Howell v. St. Paul Fire and Marine Ins. Co.

RULING ON PLAINTIFF’S MOTION TO REMAND

POLOZOLA, District Judge.

The issue presented in this motion to remand requires the Court to again determine the meaning and intent of 28 U.S.C. § 1446(b). Specifically, the Court must determine whether the one year limitation on removing diversity cases to federal court precludes the defendants from removing this suit to federal court. For reasons which follow, the Court finds that the one year limitation in section 1446(b) bars the removal of this suit. Thus, the plaintiffs motion to remand is granted.

FACTUAL & PROCEDURAL BACKGROUND

The plaintiff, R.…