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
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