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PERKINS v. HALEX CO. DIV. OF SCOTT FETZER

No. 090-895.

744 F.Supp. 169 (1990)

Velma PERKINS, Plaintiff, v. The HALEX COMPANY DIVISION OF SCOTT FETZER, et al., Defendants.

United States District Court, N.D. Ohio, E.D.

August 3, 1990.

Attorney(s) appearing for the Case

Daniel T. Todt, Daniel T. Todt & Assoc., Cleveland, Ohio, for plaintiff.

Martin S. List, Frank W. Buck, Duvin Cahn & Barnard, Cleveland, Ohio, for Halex Co.

Stephen J. Hopp, Jacobson, Maynard, Tuschman & Kalur, Cleveland, Ohio, for Kaufman.

MEMORANDUM AND ORDER

BATTISTI, District Judge.

This employment discrimination case, removed under the ever problematic language of 28 U.S.C. § 1441(c) [separate and independent claims] — see Notice of Removal at 2, ¶ 3, raises a thorny jurisdictional problem. Pursuant to 28 U.S.C. § 1447(c) and Rule 12(h)(3), the Court, sua sponte, examines the statutory basis for removal. In light of Finley v. U.S.,

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