Samczyk v. Chesapeake & Ohio Railway Co.

OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO REMAND AND DENYING DEFENDANT’S MOTION TO AMEND REMOVAL PETITION

SUHRHEINRICH, District Judge.

This matter is before the Court upon plaintiff’s motion to remand and award of attorney fees and defendant’s motion to amend removal petition. Plaintiff commenced this action in state court asserting claims under the Federal Employers Liability Act (FELA), 45 U.S.C. § 51 et seq., and the Michigan Handicappers’ Civil Rights Act, M.C.L.A. § 37.1101 et seq. Defendant removed this action based upon diversity of citizenship. Plaintiff asserts, however, that…