Thank you for the response, good to know! Just to clarify, the original Plaintiff met the criteria for Defendants to remove to Federal court, however, 90 days went by and Defendants elected not to remove. It's my understanding that a Defendant has 30 days to remove starting from the date they are aware of diversity and that Plaintiff seeks over $75,000 (they knew for 3 months and didn't remove). Three months later, now I've now been granted intervention into the case as an additional Plaintiff. My location is the same as Plaintiff's, and my initial disclosure is due within a few weeks. If it indicates that I seek damages over $75,000, do you mean to say that the Defendants may get a "second shot" at removing the case from state court to federal court based on my diversity/monetary claims, even though they voluntarily elected not to remove on the original Plaintiff despite having known of the same elements of diversity? The reason I'm concerned is because Defendants just substituted counsel a couple of days ago, and the new counsel may prefer to be in federal court over state court since the Plaintiff and myself are both Pro Per. If I personally come in under $75,000 in my own claim, might that avoid their potential removal?
Asker
Posted almost 14 years ago.
Thank you for the response, good to know! Just to clarify, the original Plaintiff met the criteria for Defendants to remove to Federal court, however, 90 days went by and Defendants elected not to remove. It's my understanding that a Defendant has 30 days to remove starting from the date they are aware of diversity and that Plaintiff seeks over $75,000 (they knew for 3 months and didn't remove). Three months later, now I've now been granted intervention into the case as an additional Plaintiff. My location is the same as Plaintiff's, and my initial disclosure is due within a few weeks. If it indicates that I seek damages over $75,000, do you mean to say that the Defendants may get a "second shot" at removing the case from state court to federal court based on my diversity/monetary claims, even though they voluntarily elected not to remove on the original Plaintiff despite having known of the same elements of diversity? The reason I'm concerned is because Defendants just substituted counsel a couple of days ago, and the new counsel may prefer to be in federal court over state court since the Plaintiff and myself are both Pro Per. If I personally come in under $75,000 in my own claim, might that avoid their potential removal?