McClain v. SSC Montgomery Cedar Crest Operating Company LLC, et al.
MEMORANDUM OPINION AND ORDER directing that the motion to remand (doc. no. 14 ) is granted and that, pursuant to 28 U.S.C.A. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama; further ORDERED that all other pending motions are left for resolution after remand; the clerk of the court is DIRECTED to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 12/9/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
KELVIN McCLAIN, as
Attorney in Fact for
SSC MONTGOMERY CEDAR CREST )
OPERATING COMPANY LLC, et )
CIVIL ACTION NO.
OPINION AND ORDER
This lawsuit, which was removed to this court from
the Circuit Court of Montgomery County, Alabama based
on diversity of citizenship, see 28 U.S.C.A. §§ 1332
and 1441, is now before the court on defendant Comfort
Dental asserts that it did not agree to removal of the
case from state court.
Therefore, it argues, defendant
defendants who have been “properly joined and served”.
§ 1446(b)(2)(A), this case was improperly removed from
Therefore, the court lacks jurisdiction
to hear this case.
notice of removal and gave the removing party until
In the order, the court
advised that failure to do so would result in the case
being remanded to state court.
No curative pleading
has been filed.
Finally, counsel for all parties have informed the
court that they all now agree to remand.
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that the motion to remand (doc. no. 14) is
granted and that, pursuant to 28 U.S.C.A. § 1447(c),
Montgomery County, Alabama.
motions are left for resolution after remand.
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 9th day of December, 2014.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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