George et al v. LSI Flood Services et al
Filing
21
OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that plfs' 15 motion to remand is granted and that, pursuant to 28 USC 1447(c), this cause is remanded to the Circuit Court of Barbour County, Alabama; further ORDERED th at any and all other pending motions are left for disposition by the state court after remand; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/21/2017. (Certified copies of order and docket sheet mailed to Circuit Clerk, Barbour County) (wcl, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
GERALD & REBECCA GEORGE,
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Plaintiffs,
v.
LSI FLOOD SERVICES;
et al.,
Defendants.
CIVIL ACTION NO.
2:16cv964-MHT
(WO)
OPINION AND ORDER
This
federal
lawsuit,
court
which
based
was
on
removed
from
state
to
diversity-of-citizenship
jurisdiction, 28 U.S.C. §§ 1332, 1441, & 1446, is now
before the court on plaintiffs’ motion to remand.
“In
a
the
removal
case
alleging
fraudulent
joinder,
removing party has the burden of proving that either:
(1) there is no possibility the plaintiff can establish
a cause of action against the resident defendant; or
(2) the plaintiff has fraudulently pled jurisdictional
facts to bring the resident defendant into state court.
… The burden of the removing party is a ‘heavy one.’”
Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1997)
(citations omitted).
The court agrees with plaintiffs that this case
should be remanded to state court because there has
been no fraudulent joinder.
See Cabalceta v. Standard
Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989).
***
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that plaintiffs’ motion to remand (doc.
no. 15) is granted and that, pursuant to 28 U.S.C.
§ 1447(c), this cause is remanded to the Circuit Court
of Barbour County, Alabama.
It
is
further
ORDERED
that
any
and
all
other
pending motions are left for disposition by the state
court after remand.
The
clerk
of
the
court
is
DIRECTED
to
take
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 21st day of December, 2017.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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