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Removal

If the Court has a concern regarding the propriety of removal, it will either serve an Order to Show Cause or broach the matter at the initial conference and discuss the propriety of filing a Motion to Remand unless such a motion is pending. If initial review indicates that the pleadings are facially deficient, the Court will issue an Order of Remand. Only under that circumstance will the Court, sua sponte, remand a case to state court without giving the parties an opportunity to address the issues through motion or otherwise. The Court does not typically hold oral argument on a Motion to Remand. The Court has not issued to date any opinion in removed cases regarding amount in controversy issues since the recent amendment raising that amount in diversity actions to $75,000.


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