Frank M. Wilson, P.C. et al v. Little Meyers, Ltd. et al

Filing 43

OPINION AND ORDER, it is the ORDER, JUDGMENT and DECREE of the court that plaintiff's 19 MOTION to Remand is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Bullock County, Alabama; further ORDERING that any and all other pending motions are left for disposition by the state court after remand; directing the clerk to take appropriate steps to effect the remand; this case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 9/25/14. Certified copy mailed to Clerk Circuit Court of Bullock County, AL.(djy, )

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

FRANK M. WILSON, P.C., and
FRANK M. WILSON,
Plaintiffs,
v.
LITTLE MEYERS, LTD.,
et al.,
Defendants.

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CIVIL ACTION NO.
2:14cv704-MHT
(WO)

OPINION AND 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

plaintiffs’ motion to remand.

before

the

court

on

The court agrees with

plaintiffs that this case should be remanded to state
court.

The court agrees with plaintiffs 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).

Also, the

court cannot say that there is not any arguable basis for
keeping the resident defendant as a defendant.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE of
the court that plaintiffs’ motion to remand (Doc. No. 19)
is granted and that, pursuant to 28 U.S.C. § 1447(c), this
cause is remanded to the Circuit Court of Bullock County,
Alabama.
It is further ORDERED that any and all other pending
motions 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 25th day of September, 2014.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE