JOHNSON v. WYETH

No. CV-04-TMP-224-8.

313 F.Supp.2d 1272 (2004)

Juanita JOHNSON, et al. Plaintiffs, v. WYETH, a corporation; et al. Defendants.

United States District Court, N.D. Alabama, Southern Division.

April 6, 2004.


Attorney(s) appearing for the Case

K. Stephen Jackson, Joseph L. Tucker, James V. Doyle, Jr., K. Stephen Jackson PC, Birmingham, AL, for Plaintiffs.

Maibeth J. Porter, Katharine A. Weber, Marcie E. Paduda, Mitesh B. Shah, Maynard Cooper & Gale PC, Birmingham, AL, for Defendants.


MEMORANDUM OPINION

ACKER, District Judge.

By order entered February 23, 2004, the magistrate judge to whom this case is assigned remanded the case to the Circuit Court of Jefferson County, Alabama, finding that the non-diverse individual defendant was not fraudulently joined and, therefore, that complete diversity was lacking. The remand order explicitly stayed its implementation for a period of fifteen (15) days in order to provide the parties with...

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