United States District Court, N.D. Texas, Fort Worth Division
MEMORANDUM OPINION AND ORDER
MCBRYDE, UNITED STATES DISTRICT JUDGE.
for consideration the motion of plaintiffs, Larry Hamraett
("Larry") and Patricia Hammett, to remand. The
court, having considered the motion, the response of
defendant, FCA U.S. LLC, the record, and applicable
authorities, finds that the motion should be granted.
January 12, 2017, plaintiffs filed their original petition in
the 266th Judicial District Court of Erath County,
Texas, naming FCA U.S. LLC ("FCA") and ZF North
America, Inc. ("ZF") as defendants. They alleged:
On or around November 17, 2015, a defective 2015 Jeep Grand
Cherokee designed, tested, marketed, distributed, and sold by
FCA and ZF injured Larry when it suddenly rolled backward,
running over his foot, ankle, and left side. Specifically,
they alleged that the defect was in the monostable electronic
“E-shift" gear shift assembly.
18, 2017, PCA filed its notice of removal, bringing the
action before this court. FCA claimed that the removal was
timely in that it was filed within thirty days of the
dismissal of plaintiffs' claims against ZF, which had
earlier refused to consent to removal. Removal was based on
diversity under 28 U.S.C. § 1332(a).
of the Motion
assert that the removal was not timely inasmuch as the action
was removable at the time of service of plaintiffs'
notice of removal of a civil action or proceeding shall be
filed within 3 0 days after the receipt by the defendant,
through service or otherwise, of a copy of the initial
pleading setting forth the claim for relief ., ." 28
U.S.C. §1446(b)(1). Removal is improper unless all
defendants who have been properly joined and served join in
or consent to the removal. 28 U.S.C. §1446(b)(2)(A). If
a defendant cannot convince his co-defendants to join in or
consent to the removal, "he's stuck in state
court." Durham v. Lockheed Martin Corp., 445
F.3d 1247, 1253 (9thCir. 2006).
the case stated by the original pleading is not removable may
a notice of removal be filed within 3 0 days after receipt by
the defendant of a copy of an amended pleading, motion, order
or other paper from which it may first be ascertained ...