NOBLE v. BRADFORD MARINE, INC.
789 F.Supp. 395 (1992)
Lyn C. NOBLE, Plaintiff,
BRADFORD MARINE, INC., a Florida corporation, Prime Time Charters, Inc., a foreign corporation, and Robert Yanover, Defendants.
Robert C. MUIR, Plaintiff,
BRADFORD MARINE, INC., a Florida corporation, Prime Time Charters, Inc., a North Carolina corporation, and Insurance Company of North America, a Pennsylvania corporation, Defendants.
Nos. 90-6372-CIV, 90-6599-CIV.
United States District Court, S.D. Florida, West Palm Beach Division.
April 17, 1992.
Doug Willis, Palm Beach Gardens, Fla., for Muir.
Kim Whitaker, Weaver, Weaver & Petrie, P.A., Ft. Lauderdale, Fla., for Noble.
Keith Grybowski, Hayden & Milliken, P.A., Layton Mank, Miami, Fla., for defendant Bradford Marine.
Gary Genovese, Conrad, Scherer & James, Ft. Lauderdale, Fla., for defendants Prime Time Charters, Inc., Robert Yanover and Insurance Co. of North America.
ORDER OF REMAND
PAINE, District Judge.
This matter comes before the court sua sponte. After an extreme close-up review of the record and excellent authorities, the court enters the following order.Hurling Chunks
On October 11, 1988, while berthed at the facilities of Bradford Marine, Inc. ("Bradford"), a fire spewed from the M/V Prime Time, a boat owned by Prime Time Charters, Inc. ("Prime Time"). The blaze hurled chunks of flaming debris to other vessels, destroying those owned by Lyn C. Noble ("Noble") and Robert C. Muir ("Muir"). Thereafter, Noble and Muir commenced, on June 7, 1989, and July 15, 1989, respectively, separate actions in the Circuit Court for the Seventeenth Judicial Circuit, in and for Broward County, Florida.
After Noble amended her Complaint so as to add Prime Time as a new party, that Defendant, on May 9, 1990, removed the proceeding to federal court, claiming original jurisdiction insofar as the Plaintiff's causes of action or rights arose under the Article III, Section 2 of the United States Constitution.1 Prime Time asserted that removal was timely because it came within thirty days of service of the Amended Complaint. Similarly, the Muir action was also removed after that Plaintiff amended his Complaint so as to add Prime Time as a Defendant. The Noble suit, Case No. 90-6372, was randomly assigned to the undersigned, the Muir suit, Case No. 90-6599, to another judge in this district. Upon Bradford's objection, this court, by Order dated June 28, 1990, remanded the Noble action to the state court for the failure of all Defendants to join in the removal. On August 31, 1990, in accordance with Rule 6(C) of the General Rules of the Southern District of Florida,2 the Muir suit was transferred to the undersigned. Thereafter, Prime Time filed a Supplemental Notice of Removal (DE 2), bearing both the Noble and Muir captions, attempting to effect a phoenix-like ascent to federal court through the Muir proceeding.