Lewis v. Armstrong Steel Erectors, Inc.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are Plaintiffs’ motion to remand and Defendant Armstrong’s motion to compel. Having been informed by Armstrong that its motion to compel is withdrawn, the Court DENIES the motion as moot. For reasons that follow, the Court DENIES Plaintiffs’ motion to remand.

I. FACTUAL BACKGROUND

On November 18, 1996 Daniel J. Lewis filed a wrongful death action against Defendants Armstrong Steel Erectors, Inc. (“Armstrong”), C.J. Mahan Construction Company (“Mahan”) and the West Virginia Department of Transportation, Division of High ways (‘WVDOH”) in the…