Jackson et al v. Obermeyer et al

Filing 9

AGREED ORDER REMANDING CASE TO STATE COURT. Signed by Honorable Susan O. Hickey on March 23, 2012. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION BILLY WAYNE JACKSON AND ANDRE POOLE V. PLAINTIFFS 1:12-CV-01009-SOH DWAYNE OBERMEYER dba DWAYNE OBERMEYER TRUCKING AND/OR FIKES TRUCK LINE, INC. and FIKES TRUCK LINE, LLC DEFENDANTS REMAND ORDER 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 -2-

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