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Civil Procedure Keyed to Yeazell
Keller Logistics Group, Inc. v. Navistar, Inc.
Citation:
391 F. Supp. 3d 774 (N.D. Ohio 2019)Facts
The plaintiffs, Ohio corporations in the trucking business, purchased or leased sixty-five Navistar trucks from Defiance Truck Sales & Service (the Dealer) in 2011 and 2012. When the trucks allegedly began to malfunction, Plaintiffs sued both Navistar (a Delaware corporation) and the Dealer (an Ohio corporation) in state court in 2015, voluntarily dismissed, and refiled in 2016. For over two years, the case proceeded through various litigation stages in state court. In March 2019, as a summary judgment motion was pending, Plaintiffs voluntarily dismissed the Dealer, creating complete diversity. Navistar promptly removed the case to federal court, but Plaintiffs moved to remand, arguing the removal violated the one-year limitation. Evidence showed that before filing the original suit, Plaintiffs’ principal admitted at a meeting that he had “no problem” with the Dealer but was including it as a defendant to keep the case in state court. Throughout the litigation, Plaintiffs conducted minimal discovery against the Dealer, did not depose any Dealer employees, and barely mentioned the Dealer in their summary judgment response.
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