Citations
- 684 F. Supp. 475
Full opinion text
MEMORANDUM, OPINION AND ORDER
HUGH GIBSON, District Judge.
Pending before the Court is a motion to remand to the 130th District Court of Ma-tagorda County, Texas. Having considered the motion, the response in opposition, and the applicable law, the Court is of the opinion that this case was improvidently removed and that the motion to remand should be and hereby is GRANTED.
Facts
On March 6, 1986, plaintiff John W. Walker filed this FELA and common-law premises liability case in the 130th Judicial District of Matagorda County, Texas. Plaintiff initially named Southern Pacific Transportation Company (Southern Pacific), a nondiverse defendant, as the sole defendant. Shortly after Southern Pacific filed a third-party action against AT <& T and AT «fe T Technologies, plaintiff amended his original petition and stated claims against diverse defendants AT & T and AT «fe T Technologies. The state court called the case for trial on February 15, 1988. After voir dire, selection, and impanelling of the jury, plaintiff began his presentation of the evidence. Midway through the day on February 16, plaintiff and Southern Pacific announced they had reached a settlement. The state trial court held a settlement conference to dictate the terms of the agreement into the record. During the settlement conference, Southern Pacific was dismissed out of the case. The AT & T defendants then obtained a stipulation from the plaintiff that would allow the AT