Ewing v. Royal Trucking Company, Inc. et al

Filing 18

ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that plaintiff's 9 MOTION to Remand is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Macon County, Alabama. It is further ORD ERED 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. Signed by Honorable Judge Myro n H. Thompson on 12/11/2013. (Attachments: # 1 Civil Appeals Checklist) (Deadlines terminated: Final Pretrial Conference set for 10/31/2014 and Jury Trial set for 12/1/2014 trial term.) Copies furnished to calendar group, AG. Copy mailed to Clerk, Circuit Court of Macon County, Alabama.(dmn, )

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

ASHAUNTAY EWING,

)
)
Plaintiff,
)
)
v.
)
)
ROYAL TRUCKING COMPANY,
)
INC, a corporation; et al., )
)
Defendants.
)

CIVIL ACTION NO.
3:13cv746-MHT
(WO)

ORDER
This lawsuit, which was removed from state to federal
court based on diversity-of-citizenship jurisdiction, 28
U.S.C.

§§

1332,

1441,

is

now

plaintiff’s motion to remand.

before

the

court

on

Based on a review of the

record and after the benefit of oral argument, the court
agrees with plaintiff that this case should be remanded to
state court.

The court agrees with plaintiff that there

has not been fraudulent joinder.

See Coker v. Amoco Oil

Co., 709 F.2d 1433, 1440 (11th Cir. 1983); 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 plaintiff’s motion to remand (Doc. No. 9)
is granted and that, pursuant to 28 U.S.C. § 1447(c), this
cause is remanded to the Circuit Court of Macon 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 11th day of December, 2013.

/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE