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Question
Paige, a citizen of State A, sued two defendants in State B state court for injuries from a warehouse accident. She seeks $250,000. LoaderCo is incorporated and headquartered in State C. Manager Ben is a citizen of State B. Paige asserts only state-law negligence claims. LoaderCo was served on May 1. Ben was served on May 5. On May 20, LoaderCo filed a notice of removal to the federal district court for the district embracing the State B court. Ben did not join or consent to the notice.
Paige moves to remand on June 10, arguing that Ben is a forum defendant and did not consent to removal. LoaderCo argues that complete diversity and the amount in controversy are present, and that any procedural defects were harmless.
Should the federal court remand? Discuss.