Robinson v. McLane Foodservice, Inc. et al
OPINION AND ORDER directing it is the ORDER, JUDGMENT, and DECREE of the court that plf's 14 MOTION to Remand is granted and that, pursuant to 28 U.S.C. 1447(c), this cause is remanded to the Circuit Court of Pike County, Alabama; 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 10/10/19. Mailed certified copy to Circuit Court Clerk Pike County, AL.(djy, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION
ADAM WADE ROBINSON,
McLANE FOODSERVICE, INC.,
a corporation, et al.,
CIVIL ACTION NO.
OPINION AND ORDER
jurisdiction, 28 U.S.C. §§ 1332, 1441, is now before
the court on plaintiff’s motion to remand.
agrees with plaintiff that the case should be remanded.
joined defendant K. Nickie Bateman--an Alabama resident
“The first is when there is no possibility
that the plaintiff can prove a cause of action against
the resident (non-diverse) defendant. ... The second is
diverse defendant is joined with a nondiverse defendant
as to whom there is no joint, several or alternative
The court notes that, contrary to defendant
Bateman’s Alabama residence does not determine her
citizenship. "The legal representative of the estate of
a decedent shall be deemed to be a citizen only of the
decedent Roberto M. Castillo was a citizen of the State
of Alabama. Complaint (doc. no. 1-1) at 2. Therefore,
on this basis, the court finds that Bateman is a
citizen of Alabama.
defendant has no real connection to the claim against
the nondiverse defendant.”
Id. (citation omitted).
fraudulent joinder, Coker v. Amoco Oil Co., 709 F.2d
1433, 1440 (11th Cir. 1983); nor fraudulent misjoinder,
Tapscott v. MS Dealer Service Corp., 77 F.3d 1353, 1360
plaintiff can prove a cause of action against Bateman,
there is no indication of fraud in the pleading of
jurisdictional facts, and the claim against the diverse
defendants has a real connection to the claim against
Accordingly, it is the ORDER, JUDGMENT, and DECREE
of the court that plaintiff’s motion to remand (doc.
no. 14) is granted and that, pursuant to 28 U.S.C.
§ 1447(c), this cause is remanded to the Circuit Court
of Pike County, Alabama.
appropriate steps to effect the remand.
This case is closed in this court.
DONE, this the 10th day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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