110 F. Supp. 3d 641
D. Maryland2015Background
- Reimold sued Dr. Ziya Gokaslan, Johns Hopkins Hospital, and Johns Hopkins University in Baltimore City Circuit Court alleging negligent spinal surgery.
- Complaint filed April 21, 2015; Reimold requested the clerk prepare summonses and received them days later.
- Before any defendant had been served, all three defendants removed the action to federal court on April 23, 2015.
- All defendants are citizens of Maryland, the forum state where the suit was filed.
- Reimold moved to remand under the forum-defendant rule (28 U.S.C. § 1441(b)(2)), arguing removal was improper because all defendants are forum citizens.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the forum-defendant rule bars removal before defendants are served when all defendants are forum citizens | Reimold: removal prohibited because each defendant is a citizen of Maryland and case was filed in Maryland | Defendants: forum-defendant rule only bars removal if a forum defendant is "properly joined and served," and none had been served when they removed | Court: Forum-defendant rule bars pre-service removal when all defendants are forum citizens; the "properly joined and served" limitation was not meant to permit removal in this circumstance |
Key Cases Cited
- Ziady v. Curley, 396 F.2d 873 (4th Cir. 1968) (explaining the historical purpose of diversity jurisdiction to avoid local parochialism)
- Lively v. Wild Oats Markets, Inc., 456 F.3d 933 (9th Cir. 2006) (noting lack of need to protect out-of-state defendants where defendant is a forum citizen)
- Oxendine v. Merck & Co., 236 F. Supp. 2d 517 (D. Md. 2002) (holding removability should not turn on timing or sequence of service)
- Goodwin v. Reynolds, 757 F.3d 1216 (11th Cir. 2014) (discussing the "properly joined and served" language as preventing opportunistic joinder to block removal)