Barron v. Werner Enterprises, Inc. et al

Filing 5

OPINION AND ORDER that plaintiff Jeffrey Barron and defendant Werner Enterprises, Inc., show cause as to why this cause should not be remanded to state court pursuant to the "voluntary-involuntary" rule; Show Cause Response due by 11/13/2006. Signed by Judge Myron H. Thompson on 11/3/2006. (cc, )

Barron v. Werner Enterprises, Inc. et al

Doc. 5

Case 3:06-cv-00983-MHT-VPM

Document 5

Filed 11/03/2006

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IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION

JEFFREY BARRON, Plaintiff, v. WERNER ENTERPRISES, INC., and AMHAD RASHAD RANSON, Defendant.

) ) ) ) ) ) ) ) ) )

CIVIL ACTION NO. 3:06cv983-MHT (WO)

OPINION AND ORDER On October 31, 2006, this lawsuit was removed from state to federal court based on diversity-of-citizenship jurisdiction. See 28 U.S.C. §§ 1332, 1441. Defendant

Werner Enterprises, Inc. contends that the lawsuit was properly removed because the state court dismissed nondiversity William defendants Lewis Chambers County Under Commission the and

Jennings.

"voluntary-

involuntary" rule, "`if the defendant was dismissed from the case by the voluntary act of the plaintiff, the case became removable, but if the dismissal was the result of

Dockets.Justia.com

Case 3:06-cv-00983-MHT-VPM

Document 5

Filed 11/03/2006

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either the defendant's or the court's action against the wish of the plaintiff, the case could not be removed.'" Insinga v. LaBella, 845 F.2d 249, 252 (11th Cir. 1988) (per curiam) (quoting Weems v. Louis Dreyfus Corp., 380 F.2d 545, 546 (5th Cir. 1967)). Accordingly, it is ORDERED that plaintiff Jeffrey Barron and defendant Werner Enterprises, Inc., show

cause, if any there be, in writing by November 13, 2006, as to why this cause should not be remanded to state court pursuant to the "voluntary-involuntary" rule. DONE, this the 3rd day of November, 2006.

/s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE