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DAVIS v. MERCK & CO., INC.

No. 9:04-CV-229.

357 F.Supp.2d 974 (2005)

Pearlie B. DAVIS, Plaintiff, v. MERCK & CO., INC., et. al., Defendants.

United States District Court, E.D. Texas, Lufkin Division.

February 24, 2005.

Attorney(s) appearing for the Case

Eugene Roger Egdorf, W. Mark Lanier and Kenneth S. Soh of Lanier Law Firm, Carlene Rhodes Lewis and Shelly A, Sanford of Goforth, Lewis, Sanford and Wilson, LLP, Houston, TX, for Plaintiffs.

Richard L. Josephson, Maryanne Lyons, David Michael Rodi and Travis James, Sales of Baker Botts, LLP, Houston, TX, Steven Leonard Russell of Beirne Maynard & Parsons, Dallas, TX, for Defendants Merck & Co., Inc., Merck Medco Managed Care.

ORDER ON PLAINTIFF'S MOTION TO REMAND CLARK, District Judge.

CLARK, District Judge.

Defendant Merck & Co., Inc. removed this case more than one year after it was filed. Merck asserts that equitable tolling of the one year limitation to removal should be allowed because Plaintiff fraudulently joined the non-diverse Defendant, Dr. Haeckler, only to allow him to be dismissed after a year had passed. There is no evidence of an explicit agreement...

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