Beth Mayhew and Matthew Mayhew v. Vladimir Sadovyh, et al.

Summary

The court grants the joint motion to remand an equitable garnishment action under Missouri Revised Statute § 379.200 to the Circuit Court of Cole County, Missouri. It holds that the judgment debtors are statutorily necessary parties, are not nominal or fraudulently joined defendants, and did not consent to removal as required by 28 U.S.C. § 1446(b)(2)(A). The court denies the pending motions to dismiss and motion for sanctions as moot.

Holdings

1. Nova First, Globex, and Vladimir Sadovyh were not nominal parties because Missouri Revised Statute § 379.200 requires a judgment creditor to proceed against both the insured judgment debtor and the insurance company.
2. Nova First, Globex, and Vladimir Sadovyh were not fraudulently joined because there was a reasonable basis in fact and law for predicting that Missouri law might impose liability on them in the equitable-garnishment action.
3. All properly joined defendants were required to join in or consent to removal under 28 U.S.C. § 1446(b)(2)(A). Because Nova First, Globex, and Vladimir Sadovyh did not consent, removal was defective and remand was required.

Questions Presented

1. Whether Nova First, Globex, and Vladimir Sadovyh were nominal parties whose consent to removal was unnecessary.
2. Whether Nova First, Globex, and Vladimir Sadovyh were fraudulently joined so that their lack of consent could be disregarded.
3. Whether removal was defective because properly joined defendants did not join in or consent to removal.

Disposition

remanded