Foley

MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF’S MOTION TO REMAND

I.

INTRODUCTION

Plaintiffs motion for remand asks the Court to find that one of the removing defendants (Allied Interstate, Inc., hereinafter, “Allied”) did not legitimately, through an authorized representative, join in the removal, but, in the event that join-der is found to be unanimous, to further find that the same defendant waived its right to removal by continuing to litigate the matter in state court.

No case appears to have addressed these precise issues, but given the evidence adduced by the parties at this juncture, the Court finds that defendants’ evidence tends to prove that the “general counsel” was duly authorized to join in the removal and the Court cannot find that plaintiff has produced any evidence that the joinder was not valid. The circumstances urged for finding waiver, while remarkable, do not find support in the cases justifying an order of remand.

II.

PROCEDURAL BACKGROUND

On November 7, 2003, pro se plaintiff Thomas Foley (hereinafter “plaintiff’) filed a complaint against defendants in the Orange County Superior Court, Case No. 03CC13431, alleging violations of state and federal…