Mata v. Cade, No. CV 2:21-217 JCH/GJF, 2022 WL 1452898 (D. N.M. May 9, 2022)

Mata v. Cade, No. CV 2:21-217 JCH/GJF, 2022 WL 1452898 (D. N.M. May 9, 2022)

Successfully moved for reconsideration of denial of motion to remand on behalf of a client who was seriously injured by a commercial motor vehicle in Lea County, New Mexico. On reconsideration, the district court agreed that federal diversity jurisdiction requires diversity to exist at both the time an action is filed in state court and the time it is removed to federal court. Because the parties were non-diverse at the time of removal, remand to state court was required.

Rosalind Bienvenu, Partner