Robinson v. McLane Foodservice, Inc. et al

Filing 28

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,
an individual,

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Plaintiff,
v.
McLANE FOODSERVICE, INC.,
a corporation, et al.,
Defendants.

CIVIL ACTION NO.
2:19cv385-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, is now before
the court on plaintiff’s motion to remand.

The court

agrees with plaintiff that the case should be remanded.
In

the

Foodservice,

notice
Inc.

of

argued

removal,
that

defendant

plaintiff

McLane

fraudulently

joined defendant K. Nickie Bateman--an Alabama resident
and

the

administrator

ad

litem

for

the

estate

of

Roberto
Courts

M.

Castillo--in

order

recognized

three

have

joinder.

to

diversity.*

defeat

types

of

fraudulent

“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
when

there

pleading

of

is

outright

fraud

jurisdictional

Crump

Toyota,

Inc.,

1998)

(citations

154

facts.”

F.3d

omitted).

in

1284,
The

the

plaintiff's

Triggs
1287

third

v.

John

(11th

Cir.

is

“where

a

diverse defendant is joined with a nondiverse defendant
as to whom there is no joint, several or alternative
liability

*

and

where

the

claim

against

the

diverse

The court notes that, contrary to defendant
McLane
Foodservice,
Inc.’s
assumption,
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
same
state
as
the
decedent
...."
28
U.S.C.
§ 1332(c)(2).
According
to
plaintiff’s
complaint,
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.
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defendant has no real connection to the claim against
the nondiverse defendant.”
The

court

finds

Id. (citation omitted).

that

there

has

been

neither

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
(11th

Cir.

1996).

There

is

a

possibility

that

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
Bateman.
***
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.

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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 10th day of October, 2019.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE

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