Case Number:
2:05-cv-00092
Memorandum Opinion and Order
Pending before this court is the plaintiffs’ motion to remand [Docket 3]. The plaintiffs seek to remand this civil action to the Circuit Court of Boone County, West Virginia, pursuant to 28 U.S.C. §1447(c). Plaintiffs allege that the notice of removal was either (1) filed before dismissal of the only nondiverse defendant, and therefore premature, or in the alternative, (2) filed more than thirty days after the running of the statute of limitations contained in 28 U.S.C. § 1446(b), and therefore time-barred. For the reasons stated below, the court rejects these arguments and DENIES the plaintiff’s motion to remand.
Judge:
Date:
Tuesday, August 23, 2005