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Roger, Attorney
Category: Legal
Satisfied Customers: 31737
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: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Expert:  Roger replied 1 year 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:

Expert:  Roger replied 1 year 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 1 year ago.

Please let me know if you need anything further. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks!