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Civil Procedure (Pleadings (Answer/MTD (First Responsive Pleading) - (D…

- - - - Impleader - D may bring in a third party if that party may be liable to D for all or part of D's liability to P.
      - Interpleader - The holder of a common fund may file a lawsuit as a P and join as Ds all rival claimants to its common fund.
      - Intervention - A non-party moves to enter into the lawsuit.
        
        As of right: Non-party's interest will be adversely affected by the lawsuit and that right is not protected by the parties.
        
        Permissive: Court has discretion to permit if there is a commonality of issues b/t those in the ongoing lawsuit and those affecting intervenor
- - - - Federal Jx:
        -Claim arises under federal law; or
        -State law depends on a substantial federal question (usually a constitutional question).
      - Diversity Jx:
        Federal Cts. also have jx if
        -complete diversity of citizenship; and
        -over $75,000 in controversy
        
        Complete diversity = No single P may be a citizen of the same state as any single D.
        
        Citizenship is determined by domicile:
        Person - State of Residence
        Corporations - citizenship in both
        -State of Inc.; and
        -where its Principal place of business is located (HQ)
        P'ship - citizen of every state in which one of its members is a citizen (resides)
        
        Amount in Controversy:
        P can aggregate the claims against a single D.
        P cannot aggregate claims against multiple Ds.
      - Supplemental Jx:
        When P brings more than one claim, there must be SMJx for each claim;
        If no SMJx exists for one claim, then consider Supplemental Jx:
        -A federal court has discretion to to consider a pure state law claim if there is a common nucleus of operative facts b/t the state law claim and the federal claim.
      - Removal
        
        D in state court may "remove" an action to federal court that geographically embraces the state court if:
        
        the federal court would have jx;
        
        all Ds consent;
        
        Notice of removal is filed w/in 30 days of service in state court (Notice must be served on all Ps and state court
        
        If Jx is based on Diversity of citizenship, no removal is allowed if any defendant is a citizen of the state where the action is pending
        
        -D cannot remove the claim to federal court if the only federal component is a federal law-based defense
        
        Remand - If Federal Jx does not exist, the P can seek a remand back to the state court w/in 30 days of the filing of the notice of removal.