BBK Tobacco & Foods LLP v. Green Planet Incorporated

Filing 10

ORDER that Defendant's 9 Request for Remand is granted and that this action is remanded to the Maricopa County Superior Court pursuant to 28 U.S.C. § 1447(c) for lack of subject matter jurisdiction. Signed by Senior Judge Paul G Rosenblatt on 8/12/2013. (Attachments: # 1 Letter to Maricopa County Superior Court)(LFIG)

BBK Tobacco & Foods LLP v. Green Planet Incorporated

Doc. 10

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IN THE UNITED STATES DISTRICT COURT

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FOR THE DISTRICT OF ARIZONA

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BBK Tobacco & Foods, LLP,
Plaintiff,

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vs.
Green Planet, Inc.,
Defendant.

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No. CV-13-01247-PHX-PGR
(Mar.Cty.Sup.Ct. CV2013-006688)
ORDER OF REMAND

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The defendant having filed a Request for Remand (Doc. 9), wherein it notes,

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based on its post-removal jurisdictional discovery, that diversity of citizenship

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jurisdiction does not exist over this action because the plaintiff is a “stateless”

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partnership for diversity purposes, and the plaintiff not having filed any objection to

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the requested remand,

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IT IS ORDERED that the defendant’s Request for Remand (Doc. 9) is granted

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and that this action is remanded to the Maricopa County Superior Court pursuant to

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28 U.S.C. § 1447(c) for lack of subject matter jurisdiction.

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DATED this 12th day of August, 2013.

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