Dalraida Properties, Inc. et al v. Elastikote, LLC et al (Joint Assign)(MAG+)
OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) The 19 Objection is overruled. (2) The magistrate judge's 18 Recommendation is adopted. (3) The plaintiffs 13 Motion to remand is granted. (4) Pursuant to 28 U .S.C. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 7/15/2015. (Attachment(s) added on 7/15/2015: # 1 Civil Appeals Checklist) Copy mailed to Clerk, Circuit Court of Montgomery County, AL. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
DALRAIDA PROPERTIES, INC., )
and PILKERTON BUILDING
ELASTIKOTE, LLC, et al.,
CIVIL ACTION NO.
OPINION AND ORDER
others, for products liability, breach of express and
misrepresentation, stemming from the purchase and use
because the one defendant who would destroy diversity
was fraudulently joined.
See 28 U.S.C. § 1332.
plaintiffs moved to remand.
This lawsuit is now before
the court on the recommendation of the United States
Magistrate Judge that the plaintiffs’ remand motion be
granted and that the case be remanded to state court
for lack of subject-matter jurisdiction.
the court is the removing defendant’s objection to the
magistrate judge’s recommendation should be adopted.
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) The objection (doc. no. 19) is overruled.
(2) The magistrate judge’s recommendation (doc. no.
18) is adopted.
In the objection, the removing defendant argues
misrepresentation claim to proceed against the one
Alabama defendant would violate the public policy of
the State of Alabama. As this argument was not raised
before the magistrate judge, this court will not
consider it now.
(3) The plaintiffs’ motion to remand (doc. no. 13)
(4) Pursuant to 28 U.S.C. § 1447(c), this cause is
remanded to the Circuit Court of
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 15th day of July, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE
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