McClain v. SSC Montgomery Cedar Crest Operating Company LLC, et al.
Filing
16
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
Mervin McClain,
)
)
)
)
Plaintiff,
)
)
v.
)
)
SSC MONTGOMERY CEDAR CREST )
OPERATING COMPANY LLC, et )
al.,
)
)
Defendants.
)
CIVIL ACTION NO.
2:14cv1070-MHT
(WO)
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
of
Dothan
LLC’s
motion
to
remand.
Comfort
Dental asserts that it did not agree to removal of the
case from state court.
SSC
Montgomery
notice
of
Cedar
removal
§ 1446(b)(2)(A),
Therefore, it argues, defendant
Crest
was
which
Operating
invalid
requires
Company,
under
the
28
consent
LLC’s
U.S.C.
of
all
defendants who have been “properly joined and served”.
The
court
agrees
with
Comfort
Dental
that,
under
§ 1446(b)(2)(A), this case was improperly removed from
state court.
Therefore, the court lacks jurisdiction
to hear this case.
In
entered
problems
addition,
a
on
combined
in
the
November
opinion
7,
jurisdictional
this
court
order
and
2014,
that
noted
allegations
in
the
notice of removal and gave the removing party until
November
14,
2014,
to
amend
jurisdiction sufficiently.
the
notice
to
allege
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
2
granted and that, pursuant to 28 U.S.C.A. § 1447(c),
this
cause
is
remanded
to
the
Circuit
Court
of
Montgomery County, Alabama.
It
is
further
ORDERED
that
all
other
pending
motions are left for resolution after remand.
The
clerk
of
the
court
is
DIRECTED
to
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
take
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