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GRANCARE, LLC v. THROWER BY AND THROUGH MILLS

No. 16-15533.

889 F.3d 543 (2018)

GRANCARE, LLC, dba Vale Healthcare Center; Mariner Health Care, INC., Defendants-Appellants, v. Ruth THROWER, BY AND THROUGH her Successor in Interest, Rosie Lee MILLS; Rosie Lee Mills; Helen Mills; Loretta Eddings; Lashawn Thrower; Perry Johnson, Jr.; Ellen Mason, Plaintiffs-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed April 26, 2018.

Attorney(s) appearing for the Case

Ben Ogletree (argued), Verdi & Ogletree PLLC, Washington, D.C., for Defendants-Appellants.

David M. Medby (argued), Mark A. Schadrack , and Stephen M. Garcia , Garcia Artigliere & Medby, Long Beach, California, for Plaintiffs-Appellees.

Before: Michael Daly Hawkins, William A. Fletcher, and Richard C. Tallman, Circuit Judges.

OPINION

Defendant-Appellant GranCare LLC ("GranCare") removed a diversity case to federal court, arguing that the sole non-diverse defendant, nursing home administrator Remy Rhodes, was fraudulently joined as a defendant in order to defeat diversity and prevent removal. The district court remanded the case and...

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