Franklin v. Advocate, Inc. et al

Filing 5

ORDER REMANDING CASE TO STATE COURT: granting 4 Joint MOTION to Remand filed by Diversicare Leasing Corp., Advocate, Inc., Larry Hosea Franklin, Diversicare Management Services Company Signed by Honorable Harry F. Barnes on April 1, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

LARRY HOSEA FRANKLIN, as Power of Attorney for HOSEA FRANKLIN, An Incapacitated Person

PLAINTIFF

V.

CASE NO. 09-CV-1012

ADVOCAT, INC.; DIVERSICARE MANAGEMENT SERVICES CO.; and DIVERSICARE LEASING CORP. d/b/a OUACHITA NURSING AND REHABILITATION CENTER

DEFENDANTS

ORDER Before the Court is a Joint Motion to Remand. (Doc. 4). Plaintiff and Defendants request, based on a prior agreement of the parties that this matter would not be removed to federal court, that this case be remanded back to the Circuit Court of Ouachita County, Arkansas. Upon consideration, the Court finds that the Joint Motion to Remand should be and hereby is GRANTED. The abovestyled and captioned matter shall be remanded to the Circuit Court of Ouachita County, Arkansas. IT IS SO ORDERED, this 1st day of April, 2009.

/s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge