Simpson et al v. Primerica Life Insurance, Co. et al
ADDENDUM TO OPINION AND ORDER. Signed by Honorable Judge Myron H. Thompson on 7/3/2017. (kh, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
CHARLENE HAYES SIMPSON and )
JOISHA ARTOR SIMPSON,
PRIMERICA LIFE INSURANCE
CO., and ROBERT NELSON,
individually and in his
CIVIL ACTION NO.
ADDENDUM TO OPINION AND ORDER
See In re Loudermilch, 158 F.3d 1143, 1145
(11th Cir. 1998).
“[T]he state court proceedings are
to be interfered with once, at most.”
Harris v. Blue
Cross/Blue Shield of Alabama, Inc., 951 F.2d 325, 330
Development Corporation, 406 F.2d 251, 252 (1st Cir.
1969)). As the Eleventh Circuit Court of Appeals has
prejudice of state court jurisdiction, is a
privilege to be strictly construed, and the
state court proceedings are to be interfered
with once, at most. This is not only in the
interest of judicial economy, but out of
respect for the state court and in recognition
of principles of comity. The action must not
ricochet back and forth depending upon the most
recent determination of a federal court.
. . .
[T]here is no more reason for a district court
being able to review its own decision, and
revoke the remand, than for an appellate court
requiring it to do so. Both are foreclosed;
nothing can be more inclusive than the phrase
§ 1447(d)]. The district court has one shot,
right or wrong.”
Harris, 951 F.2d at 330 (quoting In re La Providencia
court--albeit based on what they framed as additional
the case to state court; that is, they improperly asked
the court to take more than “one shot, right or wrong.”
This they cannot do.
It is time to stop this game
of ping pong and to allow this case to proceed in state
DONE, this the 3rd day of July, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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