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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND SOUTHERN DIVISION IRWIN F. SHERMAN et al., Plaintiffs, Civil Action No. AW-00-3246 vs. SIGMA ALPHA MU FRATERNITY, SIGMA CHI CHAPTER, Inc. et al., Defendants.

MEMORANDUM OPINION Currently pending before the Court are: (1) Plaintiffs' Second Motion to Remand; (2) Defendant Cruise America, Inc.'s Motion for Leave to File Surreply to Plaintiffs' Reply to its Opposition to Plaintiffs' Motion to Remand; (3) Defendant Four Winds' Motion to Dismiss the Cross-Claim for Indemnification by Defendant, Jon M. Rapoport; and (4) Defendant Budget Car and Truck's Motion to Strike Plaintiffs' Notice of Intent to Rely on Mississippi Law. The motion for remand has been fully briefed by all parties. On January 19, 2001, the Court held a hearing on the pending motions. Upon consideration of the arguments made in support of, and opposition to, the motion to remand, the Court makes the following determinations. I. FACTUAL BACKGROUND This diversity action stems from the death of the Plaintiffs' son, Jason Sherman, in a motor vehicle accident that occurred in the state of Mississippi. Plaintiffs filed suit in the Circuit Court for Prince George's County in 1999 asserting various theories of negligence. Apparently, Jason Sherman was a passenger in a recreation vehicle either driven, rented, or owned by the multiple defendants. Defendants removed the case based upon complete diversity. While the case was pending before this Court, it became evident that Daniel Saltzman was a party that should be properly joined to the

action. Mr. Saltzman's addition as a party appeared to destroy diversity, as he and the Plaintiffs appeared to be residents of the same state, New Jersey. Based upon lack of subject matter jurisdiction, the Court remanded the case to the Circuit Court for Prince George's County on June 22, 2000. In response, on October 31, 2000, Defendant Cruise America filed another notice of removal on the basis of complete diversity stating that Mr. Saltzman was, in fact, a resident of New York, not New Jersey. Therefore, according to Cruise American, complete diversity exists and removal is proper. On November 13, 2000, Plaintiffs filed their objection asserting an additional defect in the removal, namely that three of the defendants are citizens of the forum state, Maryland, in violation of 28 U.S.C.

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