The issue in this personal injury case was the timeliness of removal. personal injury case was removed from state court on the basis of diversity jurisdiction 30 days after Freeman voluntarily non-suited the lone non-diverse party. Slip op. at 1-2. Freeman claimed she was injured while at work at the Silver Creek Manor Nursing Home. Her suit named the companies and partnerships apparently involved in the ownership of the nursing home, three of which had names beginning with “SMV.” Id. at 1-2. SMV Management LLC, the Texas resident filed an answer that denied any association with the nursing home. At the other defendants’ request, Freeman voluntarily dropped SMV Management LLC from the suit. Id. at 2. Thirty days after receiving the non-suit, the other defendants removed. Id. Freeman moved to remand, arguing that the 30-day removal period was triggered by well before the non-suit. The District Court agreed, finding that SMC Management LLC’s answer made it “unequivocally clear” that the non-diverse defendant was improperly joined, meaning the case was removable at that time under Smallwood v. Illinois Cent. R. Co., 385 F.3d 568, 573 (5th Cir. 2002). Slip op. at 4-5.
