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U.S.E. PRODUCTIONS, LTD. v. MARVEL ENTERPRISES, INC.

No. 04 Civ. 1708(VM).

314 F.Supp.2d 213 (2004)

U.S.E. PRODUCTIONS, LTD. and Ultimate Shows & Entertainment, Inc., Plaintiffs, v. MARVEL ENTERPRISES, INC. and Marvel Characters, Inc., Defendants.

United States District Court, S.D. New York.

March 30, 2004.

Attorney(s) appearing for the Case

David Fleischer, John Michael Magliery, Paul, Hastings, Janofsky & Walker LLP, New York, NY, for Marvel Characters, Inc.

David M. Schreier, New York, NY, for U.S.E. Productions, Ltd.,

DECISION AND ORDER

MARRERO, District Judge.

The defendants filed a notice of removal in this action based upon the alleged diversity of the parties. Because the defendants have yet to be served with an initial pleading, the Court concludes that removal is premature and sua sponte orders the case to be remanded back to state court.

I. BACKGROUND

Plaintiffs U.S.E. Productions, Ltd. ("U.S.E.") and Ultimate...

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