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I filed a complaint in federal court and I have a diversity…

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I filed a complaint...

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??

Lawyer's Assistant: Thanks. Can you give me any more details about your issue?

Are you asking me for facts of the case?

Submitted: 2 years ago.Category: Legal
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2/3/2016
Lawyer: Roger, Attorney replied 2 years ago
Roger
Roger, Attorney
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Satisfied Customers: 31,949
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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

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Lawyer: Roger, Attorney replied 2 years 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.

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Lawyer: Roger, Attorney replied 2 years 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!

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