Chavez-Lavagnino, et al v. Motivation Education Training, et al, No. 12-1058 (8th Cir. 2013)
Annotate this CasePlaintiffs, two former employees of MET, initiated this action in Minnesota state court alleging that MET and their supervisor terminated them in violation of the Minnesota Whistleblower Act, Minn. Stat. 181.932, and Minnesota common law. MET and the supervisor removed the case to federal court. As in Barclay Square Properties v. Midwest Federal Savings & Loan Ass'n of Minneapolis, the court remanded the case to the district court for the purpose of making findings of fact concerning the supervisor's citizenship. On remand, the district court should determine whether the parties were completely diverse when plaintiffs filed their complaint and when MET and the supervisor filed the notice of removal. Accordingly, the court remanded to the district court but retained jurisdiction over the appeal.
Court Description: Civil case - Civil Procedure. Case remanded for the limited purpose of permitting the district court to determine whether the parties were completely diverse when the plaintiffs filed their complaint and when defendants filed the notice removing the case to federal court; if the court finds defendant Cerna was a citizen of Minnesota when the case was filed or removed, such that complete diversity was lacking, then the court should also determine whether to dismiss her as a dispensable nondiverse party pursuant to Fed. R. Civ. P. 21.
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