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Asker

Posted almost 14 years ago.

Thank you for the response! 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?

Anamaria Frances Cousineau

Anamaria Frances Cousineau Countryside Child Custody Lawyer

Posted almost 14 years ago.

The short answer is yes, they can still try to remove, but it really depends on the specific facts of the case. If your case is truly over $75k, don't hide that fact. If it comes out later and Defendants can show that you intentionally concealed this fact to avoid removal, they will still be able to remove and may seek sanctions against you.

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Asker

Posted almost 14 years ago.

Thanks so much!