Civ Pro Practice Question 1

B is correct. A defendant seeking removal must file a notice of removal in the federal district court in the district and division within which the action is pending. Since the original lawsuit was filed in State A, the lawsuit can only be removed to the federal district court which geographically embraces the State A court. The case, therefore, cannot be removed directly to a federal court in State B. Such a defect in the removal procedure is enough to grant a motion for remand back to state court.

A is incorrect. The court does have personal jurisdiction over the librarian. A federal court must analyze personal jurisdiction as if it were a court of the state in which it is located. State B would have personal jurisdiction over the librarian because she is domiciled there. State B, however, is not the proper venue for removal.

C is incorrect. Although the federal court does have diversity jurisdiction here, it is not enough. The removal statute allows for removal to only the federal district court geographically embracing the court where the original action was filed. Since the original lawsuit was filed in State A, the lawsuit can only be removed to the State A federal district court which embraces the State A court.

D is incorrect. Although the librarian is domiciled in State B and a State B court would have personal jurisdiction over her, it is not the proper venue for removal.