Jewell v. Dudley L. Moore Ins., Inc.

RULING ON APPEAL

JOHN V. PARKER, Chief Judge.

This matter is before the court on an appeal taken by plaintiff and a cross appeal taken by defendant, Windsor Group, Inc., from the ruling of the magistrate judge dated December 22, 1994. The matter has been submitted on briefs; it involves issues of subject matter jurisdiction and “fraudulent joinder” of parties.

The first issue raised on appeal by plaintiff is whether the magistrate judge erred by failing to quash plaintiffs deposition as noticed by Dudley L. Moore Insurance, a named defendant in the state court petition who is not diverse in…