ASHTON MED. ASSOC. v. AETNA HEA. MANA., DEL. CORP.

No. 2:05-CV-00023.

395 F.Supp.2d 415 (2005)

ASHTON MEDICAL ASSOCIATES, INC. Plaintiff, v. AETNA HEALTH MANAGEMENT, INC., A DELAWARE CORPORATION, and Elaine Rader, Defendants.

United States District Court, S.D. West Virginia. Charleston Division.

July 27, 2005.


Attorney(s) appearing for the Case

Karen Hamrick Miller, Mark S. Weiler, Miller Snyder Weiler & Walters, Charleston, WV, for Plaintiff.

Cheryl A.C. Brown, Funk & Bolton, Baltimore, MD, Daniel R. Schuda, Lynnette S. Simon, Schuda & Associates, Charleston, WV, for Defendants.


MEMORANDUM OPINION AND ORDER

GOODWIN, District Judge.

Pending before the court is the plaintiff's motion to remand [Docket 7]. Also pending is the defendant Elaine Rader's motion to dismiss [Docket 3] and the defendant Aetna Health Management Inc.'s motion to dismiss [Docket 5]. For the reasons discussed herein, the court has determined that defendant Rader was fraudulently joined in this action to destroy diversity jurisdiction, and, accordingly, the plaintiff...

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