Memorandum Opinion and Order

Defendant removed this case to this Court on December 12, 2002.  Plaintiffs moved for remand, asserting Defendant’s removal petition was untimely and that this Court lacked subject matter jurisdiction over the action.  Defendant contended its removal petition was filed timely and that federal question jurisdiction, pursuant to 28 U.S.C. § 1331, provided a basis for removal of the action. For the reasons that follow, the Court GRANTS Plaintiffs’ motion for remand, and ORDERS the case be REMANDED to the Circuit Court of Raleigh County, West Virginia.