Watson v. City of Allen, TX, No. 15-10732 (5th Cir. 2016)
Annotate this CasePlaintiff filed a putative class action in state court challenging the use of red light cameras within Texas and, more specifically, the legislation authorizing such cameras, Tex. Transp. Code Ann. 707.001(3), 707.002. The case was removed to federal court based on the Racketeer Influenced and Corrupt Organization Act (RICO), 18 U.S.C. 1961-1968, and the Class Action Fairness Act of 2005, 28 U.S.C. 1332. On appeal, plaintiff challenged the district court's denial of his motion to remand to state court. The court concluded that the district court erred by deeming plaintiff's remand motion untimely where plaintiff acted diligently to gather evidence and file his motion to remand the case. The court concluded that the home state exception applies in this case where a person generally familiar with the case and with the English language would not expect all 58 different defendants to be primary defendants. The court concluded that the district court abused its discretion for not remanding and vacated the judgment, remanded with instructions.
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