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COLMER v. ICCS CO., LLC

Civil Action No. 08-2737 (WHW) (CCC).

STEFAN COLMER, Plaintiff, v. ICCS CO., LLC, its successors and/or its assign, ISAAC BRACA, MORRIS BRACA, VICTOR BRACA, JOYCE BRACA, JOHN DOES 1-5, jointly and individually, Defendants.

United States District Court, D. New Jersey.

July 7, 2009.

Opinion

WILLIAM H. WALLS, Senior District Judge.

Plaintiff Stefan Colmer moves to remand and Defendants Joyce and Victor Braca cross-move to dismiss. The primary questions presented are (1) the citizenship of ICCS & Co., LLC (heretofore known as "ICCS") and (2) whether Victor and Joyce Braca were fraudulently joined in this suit for the purpose of destroying diversity jurisdiction.

I. BACKGROUND

A. Factual Background

The following...

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