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Roger
Roger, Attorney
Category: Legal
Satisfied Customers: 31025
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I filed a complaint in federal court and I have a diversity

Customer Question

I filed a complaint in federal court and I have a diversity problem so I need to drop one of the defendants so I don't destroy diversity...this defendant filed a 12(b)(6) for lack of subject matter. how can I dismiss one defendant but not the rest??
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Submitted: 10 months ago.
Category: Legal
Customer: replied 10 months ago.
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Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

You would just have to file an agreed order with this defendant based on the pending 12(b)(6) motion to dismiss....and that would remove only this defendant from the case.

Here's a good link you can read about diversity of citizenship issues: http://federalpracticemanual.org/book/export/html/6

Expert:  Roger replied 10 months ago.

If you don't remove the party, diversity would be destroyed --- and if there is no other basis for federal jurisdiction --- the case will be dismissed.

Expert:  Roger replied 10 months ago.

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