Free Motion to Remand to State Court - District Court of Delaware - Delaware

Case 1:07-cv-00149-***-MPT

Document 10

Filed 04/12/2007

Page 1 of 2

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE

MARY M. COLLINS, Individually and as Personal Representative of the Heirs and Estate of JAMES DANIEL COLLINS, Deceased, Plaintiffs, v. METROPOLITAN LIFE INSURANCE COMPANY; ET AL., Defendants.

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Case No. 07-CV-149

(Removed on March 14, 2007, from the Superior Court of the State of Delaware, in and for New Castle County, C.A. No. 06C-02281-ASB)

PLAINTIFF'S MOTION TO REMAND

TO THE HONORABLE UNITED STATES DISTRICT JUDGE: Plaintiff, MARY M. COLLINS, acting Individually and as Personal Representative of the Heirs of the ESTATE OF JAMES DANIEL COLLINS, Deceased, files this Motion to Remand this action to the state court from which it was improperly removed pursuant to 28 U.S.C. § 1446(b) and 28 U.S.C. § 1447(c). The removal defects and the legal authorities for this motion are set forth in the accompanying Brief in Support of Plaintiff's Motion to Remand.

PLAINTIFF'S MOTION TO REMAND - Page 1

Case 1:07-cv-00149-***-MPT

Document 10

Filed 04/12/2007

Page 2 of 2

Respectfully submitted, WEISS & SAVILLE, P.A. 1220 North Market Street, Suite 604 P.O. Box 370 Wilmington, DE 19899 Phone: 302/656-0400 Fax: 302/656-5011 By: /s/ Yvonne Takvorian Saville Yvonne Takvorian Saville, #3430

~ and ~ BARON & BUDD, P.C. The Centrum, Suite 1100 3102 Oak Lawn Avenue Dallas, Texas 75219 Phone: 214/521-3605 Fax: 214/520-1181 Attorneys for Plaintiffs Date: April 12, 2007

CERTIFICATE OF SERVICE I hereby certify that on the 12th day of April, 2007, a true and correct copy of the above and foregoing instrument was served via PACER eFile and Serve system to all counsel of record.

/s/ Yvonne Takvorian Saville Yvonne Takvorian Saville, #3430

PLAINTIFF'S MOTION TO REMAND - Page 2