Rawlings v. Prater

MEMORANDUM OPINION AND ORDER

TOM S. LEE, Chief Judge.

This cause is before the court on the motion of plaintiff Francis Rawlings to remand pursuant to 28 U.S.C. § 1447. Defendant National Pizza Company opposes the motion and the court, having considered the memoranda of authorities, together with attachments, submitted by the parties, concludes that plaintiffs motion should be denied.

Defendant removed this case on the ground that diversity jurisdiction arose upon plaintiff’s having settled her claim against the sole nondiverse defendant, Prater. Plaintiff submits, however, that at the time of…