Albritton v. Travelers Property and Casualty Insurance Company et al

Filing 18

ORDER, JUDGMENT, and DECREE of the court that, pursuant to 28 USC § 1447(c), this cause is remanded to the Circuit Court of Covington County, Alabama; further ORDERED that any and all pending motions and issues in dispute are left for dispositio n by the state court after remand; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court; copy mailed with certified docket sheet to Circuit Clerk. Signed by Honorable Judge Myron H. Thompson on 7/3/2014. (wcl, )

IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION

GREG ALBRITTON, as
Personal Representative
of the Estate of
Sang Doo Lee, Deceased,
Plaintiff,
v.
TRAVELERS PROPERTY AND
CASUALTY INSURANCE
COMPANY, et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv572-MHT
(WO)

ORDER
This lawsuit, which was removed from state to federal
court based on diversity-of-citizenship jurisdiction, 28
U.S.C. §§ 1332, 1441, is now before the court on the
question of whether there has been a fraudulent joinder.
The court agrees with plaintiff that this case should be
remanded to state court.

The court agrees with plaintiff

that there has been neither fraudulent joinder, Coker v.
Amoco Oil Co., 709 F.2d 1433, 1440 (11th Cir. 1983);
Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1561 (11th

Cir. 1989), nor fraudulent misjoinder, Tapscott v. MS
Dealer Service Corp., 77 F.3d 1353, 1360 (11th Cir. 1996).
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE of
the court that, pursuant to 28 U.S.C. § 1447(c), this cause
is remanded to the Circuit Court of Covington County,
Alabama.
It is further ORDERED that any and all pending motions
and issues in dispute are left for disposition by the state
court after remand.
The clerk of the court is DIRECTED to take appropriate
steps to effect the remand.
This case is closed in this court.
DONE, this the 3rd day of July, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE