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08-50327 - Rodriguez v. Tyco Healthcare Group, L.P. et al

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08-50327 - Rodriguez v. Tyco Healthcare Group, L.P. et al
October 21, 2008
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Memorandum of Opinion and Order . The Court GRANTS in part and DENIES in part the Motion to Remand and Plaintiffs Motion for Assessment of Costs and Attorney Fees (Related Doc # 11). The Motion to Remand is GRANTED because removal of the case to federal court was defective and, in any event, the removing Defendants cannot show that Radiology was fraudulently joined or misjoined. Because diversity is not complete, the Court lacks subject matter jurisdiction over the case which must, therefore, be remanded. The Motion for Costs is DENIED. The Clerk of Court is hereby directed to REMAND this case in full to the County Court of Nueces County, Texas. Judge Dan Aaron Polster (MDL 1909) on 10/21/08.(P,R)