Jones v. State Farm Fire and Casualty Company et al

Filing 23

OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that: (1) Defendants' 22 Objection is overruled. (2) The magistrate judge's 21 Recommendation is adopted. (3) Plaintiff's 12 Motion to Remand is granted. (4) P ursuant to 28 U.S.C. 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. (5) All other pending motions are left for resolution by the state court. The clerk of the court is DIRECTED to takeappropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 8/23/2016. (Attachments: # 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
CHRIS JONES,

)
)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
STATE FARM FIRE AND
CASUALTY COMPANY and
JOHN VERMILLION,
Defendants.

CIVIL ACTION NO.
2:16cv343-MHT
(WO)

OPINION AND ORDER
Plaintiff filed this lawsuit in state court naming
as defendants the insurance company that had issued her
an insurance policy and the individual insurance agent
who

sold

her

the

policy,

and

asserting

claims

for

breach of contract, bad—faith denial of her insurance
claim,

negligent

misrepresentation,

procurement

of

suppression,

the
and

policy,

waiver

fraud,

estoppel.

Defendants removed this case to federal court, claiming
that the court has diversity jurisdiction because the
insurance agent was fraudulently joined.

See 28 U.S.C.

§ 1332.
now

Plaintiff moved to remand.

before

the

United

States

motion

to

remanded

court

state

jurisdiction.

the

Magistrate

remand

to

on

be

court

recommendation

Judge

granted
for

This lawsuit is

that

the

and

that

lack

of

of

the

plaintiff’s
the

case

be

subject-matter

Also before the court is the defendants’

objection to the recommendation.

After an independent

and de novo review of the record, the court concludes
that the magistrate judge’s recommendation should be
adopted.
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that:
(1) Defendants’

objection

(doc.

no.

22)

is

overruled.
(2) The magistrate judge’s recommendation (doc. no.
21) is adopted.
(3) Plaintiff’s motion to remand (doc. no. 12) is
granted.

2

(4) Pursuant to 28 U.S.C. § 1447(c), this cause is
remanded

to

the

Circuit

Court

of

Montgomery

County,

Alabama.
(5) All

other

pending

motions

are

left

for

to

take

resolution by the state court.
The

clerk

of

the

court

is

DIRECTED

appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 23rd day of August, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE