Jackson et al v. Obermeyer et al
AGREED ORDER REMANDING CASE TO STATE COURT. Signed by Honorable Susan O. Hickey on March 23, 2012. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
BILLY WAYNE JACKSON
AND ANDRE POOLE
dba DWAYNE OBERMEYER TRUCKING
AND/OR FIKES TRUCK
LINE, INC. and FIKES TRUCK
On February 6, 2012, Defendants filed a Petition for Removal to this court stating there was
a diversity of jurisdiction due to Defendant Fikes Truck Line, LLC’s principal place of business
being located in Indianapolis, Indiana. (ECF No. 1)
On February 16, 2012, Plaintiffs filed a Response to Defendants’ Petition for Removal (ECF
No. 5) stating there was not diversity of jurisdiction due to one or more of the Defendants having
interest in Fikes Truck Line, Inc., which is an Arkansas corporation and was doing business in the
state of Arkansas at the time of the incident.
On February 20 and 21, 2012, respectively, Defendants filed a Reply (ECF No. 6) and
Supplemental Reply to Plaintiffs’ Response to Defendants’ Petition (ECF No. 7). Within their
Supplemental Reply, Defendants state that the principle place of business for Defendant Fikes Truck
Line, LLC is located in Hope, Arkansas and therefore, no diversity of jurisdiction exists.
Both parties agree that there is no diversity of jurisdiction and this case should be remanded
back to the Circuit Court of Columbia County, Arkansas.
IT IS THEREFORE FURTHER ORDERED AND ADJUDGED based upon the
agreement of the parties that the Petition for Removal is denied and this case is remanded to the
Circuit Court of Columbia County, Arkansas.
IT IS SO ORDERED, this 23rd day of March, 2012.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
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