Chang v. Strayer et al

Filing 20

MEMORANDUM OPINION. Although there was a procedural defect in the removal of this case, Plaintiff has not filed a motion to remand within thirty days of removal, thus waiving the defect. The case is at issue and a separate scheduling order will be issued. Signed by Judge Deborah K. Chasanow on 9/15/09. (sat, Chambers)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND NEHEMIAH CHI CHANG v. ROBERT STRAYER, et al. : : : : : MEMORANDUM OPINION As noted in the earlier order to show cause, this case was removed on July 20, 2009, from the Circuit Court for Montgomery County by Defendants, Robert V. Strayer, Jr. and Noor Halal Meat Distributors, Inc., invoking this court's diversity jurisdiction. The complaint also names Geico Insurance Company as a defendant. Geico filed an Answer in the Circuit Court on or about May 5, 2009, and did not exercise its right to remove at the time. After this action was removed, the court issued an order directing the parties to file a status report concerning the positions of the various parties. Both Plaintiff and Defendant Civil Action No. DKC 09-1898

Geico take no position with respect to the petition for removal. Defendants Robert V. Strayer, Jr. and Noor Halal Meat Distributors, Inc. request the court grant their petition for removal and in support suggest that Defendant Geico is a nominal defendant and the parties agreed that Geico would be dismissed from the lawsuit (paper 16, Exhibit B). Defendant Geico to date. However, no party has moved to dismiss

Although there was a procedural defect in the removal of this case,1 Plaintiff has not filed a motion to remand within thirty days of removal, thus waiving the defect. Co., 932 F.2d 1518, 1523 (4th Cir. 1991). See, In re Shell Oil

The case is at issue and

a separate scheduling order will be issued.

/s/ DEBORAH K. CHASANOW United States District Judge

1

See, Guyon v. Basso, 403 F.Supp.2d 502 (E.D.Va. 2005). 2