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UNITED STATES DISTRICT COURT
DISTRICT OF MARYLAND
CHAMBERS OF ANDRE M. DAVIS UNITED STATES DISTRICT JUDGE U.S. COURTHOUSE 101 W. LOMBARD STREET BALTIMORE, MARYLAND 21201 (410) 962-0801 FAX (410) 962-0820 MDDAMDChambers@mdd.uscourts.gov

March 22, 2004 MEMORANDUM TO COUNSEL RE: Savings First Mortgage, LLC v. National Union Fire Ins. Co. of Pittsburg, PA Civil No. AMD 04-319 The motion to remand, the opposition thereto, and the plaintiff's reply memorandum, have been read and considered. It could not be more plain that Grubb v. Donegal Mutual Ins. Co., 935 F.2d 57, 60 (4th Cir. 1991), stands precisely for the proposition asserted by plaintiff: that under the Maryland declaratory judgment act, joinder of an in-state defendant with "any interest which would be affected by the declaration" defeats an out-of-state defendant's right of removal under 28 U.S.C. 1441. See id. ("[Defendant] was correct in its determination that the case was not removable until the [in-state defendants joined pursuant to the state statute] were dismissed."). Indisputably, the in-state defendant in this case has such an interest.* National Union's attempt to superimpose the "fraudulent joinder" doctrine on the clear holding in Grubb is unavailing. As a matter of law, there is nothing "fraudulent" about a plaintiff's joinder of an in-state defendant in compliance with a state declaratory judgment statute which recites that such a person "shall be made a party." Id. (quoting Md. Cts. & Jud. Proc. Code Ann.

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