Coffey v. University Village at Auburn et al

Filing 37

ORDERED as follows:(1) The 36 joint motion to remand is granted. (2) The other 33 motion to remand is denied as moot. (3) Pursuant to 28 U.S.C. § 1447(c), this action is remanded to the Circuit Court of Lee County, Alabama. (4) The clerk of the court is to take appropriate steps to effect the remand. It is further ORDERED that costs are taxed as paid. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 1/23/2015. (kh, )

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

AARON COFFEY,

)
)
)
)
)
)
)
)
)
)

Plaintiff,
v.
HSRE-PREISS AUBURN I,
LLC, et al.,
Defendants.

CIVIL ACTION NO.
3:14cv41-MHT
(WO)

ORDER
Before the court is the parties’ joint motion to
remand for lack of subject-matter jurisdiction.
parties

aver

that

this

court

lacks

The

subject-matter

jurisdiction pursuant to 28 U.S.C. § 1332 because the
plaintiff

and

defendants

diversity of citizenship.

do

not

enjoy

complete

See, e.g., Palmer v. Hosp.

Auth. of Randolph Cnty., 22 F.3d 1559, 1564 (11th Cir.
1994) (noting that diversity jurisdiction pursuant to
28

U.S.C.

§

1332

“requires

complete

diversity—every

plaintiff must be diverse from every defendant”).

On

consideration of the record, it is ORDERED as follows:

(1) The joint motion to remand (doc. no. 36) is
granted.
(2) The other motion to remand (doc. no. 33) is
denied as moot.
(3) Pursuant to 28 U.S.C. § 1447(c), this action is
remanded to the Circuit Court of Lee County, Alabama.
(4) The clerk of the court is to take appropriate
steps to effect the remand.
It is further ORDERED that costs are taxed as paid.
This case is closed in this court.
DONE, this the 23rd day of January, 2015.
/s/ Myron H. Thompson____
UNITED STATES DISTRICT JUDGE