Mosley v. First Student, Inc. and Clarence Scales, deceased

Summary

The court denied Plaintiff Frankie Mosley’s motion to remand an automobile-injury action after concluding that snap removal was permissible, the pending motion to appoint a defendant ad litem did not relate back, and formal service on the removing defendant was not required. The court also denied without prejudice the motion to appoint a defendant ad litem because Plaintiff had not provided proof that the deceased defendant was covered by liability insurance. The case remains in federal court under diversity jurisdiction.

Holdings

1. The court had subject-matter jurisdiction because the amount in controversy exceeded $75,000 and complete diversity existed or would exist regardless of whether Scales was treated as a real party in interest.
2. Section 1441(b)(2) did not bar First Student's removal before a forum-state defendant had been properly joined and served.
3. The motion to appoint a defendant ad litem did not relate back to the date it was filed; Scales therefore was not properly joined and served when First Student removed the case.
4. First Student was not required to have been formally served before removing the action.
5. The motion for appointment of a defendant ad litem was denied without prejudice because Mosley had not provided proof that Scales was insured against liability.

Questions Presented

1. Whether diversity jurisdiction existed under 28 U.S.C. § 1332(a)(1).
2. Whether the forum-defendant rule in 28 U.S.C. § 1441(b)(2) barred removal before a forum-state defendant had been properly joined and served.
3. Whether the pending motion to appoint a defendant ad litem related back to its filing date so that Scales was considered joined and served when First Student removed the action.
4. Whether First Student was required to be formally served before removing the action.
5. Whether Mosley was entitled to appointment of a defendant ad litem without providing proof that Scales was insured against liability.

Disposition

other