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TARDY v. ELI LILLY AND CO.

No. CIV.04-11-P-H.

308 F.Supp.2d 18 (2004)

Danny TARDY and Diane Tardy, individually and as personal representatives of the estate of Michael Tardy, Deceased, Plaintiffs v. ELI LILLY AND COMPANY, et al., Defendants

United States District Court, D. Maine.

March 18, 2004.

Attorney(s) appearing for the Case

C. Donald Briggs, III, Briggs & Counsel, Rockport, ME, Mark E. Burton, Rachel B. Abrams, Hersh And Hersh, San Francisco, CA, for Danny Tardy, Individually and as Personal Representative of the Estate of Michael Tardy, deceased and Diane Tardy, Individually and as Personal Representative of the Estate of Michael Tardy, deceased, Plaintiffs.

Barry H. Boise, Nina M. Gussack, Samantha Kors, Pepper Hamilton LLP, Philadelphia, PA, Robert H. Stier, Pierce Atwood, Portland, ME, Keith Jacques, Smith, Elliott, Smith & Garmey, P.A., Saco, ME, for Eli Lilly and Company and Does 1-5 and CVS Mill Creek, LLC, Defendants.

ORDER ON PLAINTIFFS' ORDER TO REMAND

HORNBY, District Judge.

The issue on this motion is whether the plaintiffs "fraudulently joined" a Maine defendant so as to prevent federal jurisdiction based upon diversity of citizenship. The plaintiffs, Maine citizens, filed their complaint in state court. They sued both an Indiana defendant and a Maine defendant. The Maine defendant moved to dismiss the complaint against it. Before the motion was decided, the Indiana...

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