Opinion
Civil Action No. 04-2335.
June 25, 2004
MEMORANDUM/ORDER
This medical malpractice action was originally filed on March 10, 2004, in the Philadelphia County Court of Common Pleas. On May 28, 2004, defendant Elisabeth Leimer-Monshaw, M.D., removed the matter to this court pursuant to 28 U.S.C. § 1441(a). Currently pending before the court is the plaintiffs' unopposed motion to remand the matter to the Court of Common Pleas.
The federal removal statute provides that "any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or defendants, to the district court of the United States for the district and division embracing the place where such action is pending." 28 U.S.C. § 1441(a). This action is one of original federal jurisdiction under 28 U.S.C. § 1332(a)(1), because the amount in controversy exceeds $75,000 and the parties are citizens of different states.
Not every action of original federal jurisdiction is removable, however. Pursuant to 28 U.S.C. § 1441(b), an action not involving a federal question "shall be removable only if none of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." 28 U.S.C. § 1441(b); Korea Exch. Bank v. Trackwise Sales Corp., 66 F.3d 46, 48 (3d Cir. 1995). In the present case, both of the defendants, Leimer-Monshaw and St. Agnes Medical Center, were properly served, and both are citizens of Pennsylvania — the state in which this action was brought. Removal of this matter was thus improper.
Accordingly, it is hereby ORDERED that Plaintiffs' Motion for Remand (Docket #2) is GRANTED, and this matter is REMANDED to the Philadelphia County Court of Common Pleas.