to remand based on the presence of a defendant from the forum state is based on a procedural defect in removal. Alter v. Bell Helicopter Textron, Inc., 944 F.Supp. 531, 534-35 (S.D.Tex.1996). III. FRAUDULENT JOINDER A. Standard To establish that a defendant is fraudulently joined to defeat removal jurisdiction, the removing party bears the heavy burden of proving either of the following: (1) there has been outright fraud in the plaintiffs’ recitation of jurisdictional facts; or (2) there is no possibility that the plaintiffs would be able to establish a cause of action in state court against the defendants whose citizenship prevents removal. Burden v. General Dynamics Corp., 60 F.3d 213, 217 (5th Cir.1995); see also Lackey v. Atlantic Richfield Co., 990 F.2d 202, 207 (5th Cir.1993) (<HOLDING>). Defendants do not argue that Plaintiffs are
holding that a person who requests public records is a necessary party and must be joined in any action brought under rcw 4256540 holding that a party fraudulently joined to defeat removal need not join in removal petition holding a party cannot be joined to prevent removal where no cause of action can be brought against that party holding that no judgment can be rendered against defendant who cannot be held liable holding civil action cannot be joined to a criminal appeal