1. Why were the Gilmores allowed to file the amended complaint, manipulate the process to their advantage,...

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1. Why were the Gilmores allowed to file the amended complaint, manipulate the process to their advantage, and thereby deny the defendant the opportunity of removing the case to federal court?
2. Why, according to the court, does the defendant have the burden of proof in a removal proceeding?

Irma Gonzalez, District Judge
Plaintiffs Karen and Larry Gilmore (“Plaintiffs”) have filed a motion to remand this case to state court. . . . Defendants Bank of New York (“BNY”), Countrywide Home Loans (“Countrywide”), America’s Wholesale Lender (“AWL”), and Bank of America (“BOA”) (collectively, “Defendants”) have filed a motion to dismiss Plaintiffs’ first amended complaint. . . .

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