Hardman et al v. Bristol-Myers Squibb Co. et al, No. 1:2018cv11223 - Document 42 (S.D.N.Y. 2019)

Court Description: OPINION & ORDER re: 19 MOTION to Remand . filed by Betsey P. Hardman, Jody E. Hardman. Forum Defendants Bristol-Myers and Colgate were served prior to the completion of all three requirements necessary to effectuate removal. 28 U.S.C. § 1446(d). Thus, two Forum Defendants were "properly joined and served" prior to removal. 28 U.S.C. § 1441(b)(2). Therefore, the Forum Defendant Rule precludes removal on the basis of diversity of citizenship. For the aforementioned reasons, Plaintiffs' Motion to Remand is hereby GRANTED. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/17/19) (yv) Transmission to Docket Assistant Clerk for processing.