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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
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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