Tarver et al v. Garibay et al
OPINION AND ORDER: It is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs motion to remand (doc. no. 6 ) 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. Signed by Honorable Judge Myron H. Thompson on 1/27/2016. (Attachments: # 1 Civil Appeals Checklist)(dmn, ) Modified on 1/27/2016 to reflect that a copy mailed to Clerk, Circuit Court of Macon County. (dmn, )
IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
VERNESTER TARVER and JERRY )
TRACY R. GARIBAY; et al., )
CIVIL ACTION NO.
OPINION AND ORDER
jurisdiction, 28 U.S.C. §§ 1332, 1441, is now before
removal case alleging fraudulent joinder, the removing
party has the burden of proving that either: (1) there
is no possibility the plaintiff can establish a cause
of action against the resident defendant; or (2) the
plaintiff has fraudulently pled jurisdictional facts to
bring the resident defendant into state court. ... The
burden of the removing party is a ‘heavy one.’”
The court agrees with plaintiffs that this case
should be remanded to state court because there has
Co., 709 F.2d 1433, 1440 (11th Cir. 1983); Cabalceta v.
1989), nor fraudulent misjoinder, Tapscott v. MS Dealer
Service Corp., 77 F.3d 1353, 1360 (11th Cir. 1996).
* * *
Accordingly, it is the ORDER, JUDGMENT, and DECREE
(doc. no. 6) is granted and that, pursuant to 28 U.S.C.
§ 1447(c), this cause is remanded to the Circuit Court
of Macon County, Alabama.
pending motions are left for disposition by the state
court after remand.
This case is closed in this court.
DONE, this the 27th day of January, 2016.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
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