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Naber v. First Am. Title Ins. Agency Inc.

Removal of Improper Defendants Leaves Complete Diversity in Title Insurance Breach Action

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DECISION AND ORDER INTRODUCTION   Pedersen, M.J. Aaron Naber and Marci Naber (“Plaintiffs”) commenced this action on March 2, 2022, against defendants First American Title Insurance Agency, Inc. (“FATIA”) and First American Title Insurance Company (“FATIC”) in Supreme Court of Steuben County, State of New York. Defendant FATIC removed this case to the Western District of New York on April 7, 2022, on the basis of diversity jurisdiction pursuant to 28 U.S.C. §1332(a)(1). Presently before the Court is a motion on behalf of Plaintiffs to remand this matter to state court pursuant to 28 U.S.C. §1447(c) and for costs and actual expenses, including attorneys’ fees, incurred as a result of the alleged improper removal. The Honorable Charles J. Siragusa referred this motion to the undersigned for disposition based upon the parties’ joint consent that the motion be decided by a United States Magistrate Judge. (ECF No. 19.) BACKGROUND Plaintiffs filed a verified complaint against FATIC and FATIA in Supreme Court of Steuben County, State of New York on March 2, 2022. (Maggs Decl. at 3 & Ex. A, ECF No. 9-1.) Plaintiffs alleged two causes of action involving breach of contract relating to title insurance obtained for property they purchased in the County of Steuben. (Id. at Ex. A,

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