Hodge v. Southern Farm Bureau Casualtiy Insurance Company

Filing 10

ORDER granting 7 Motion to Remand; ORDER REMANDING CASE TO STATE COURT. Signed by Honorable Susan O. Hickey on December 7, 2012. (cnn)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION MELANIE KIMREY HODGE VS. PLAINTIFF CASE NO. 1:12-cv-1097 SOUTHERN FARM BUREAU CASUALTY INSURANCE COMPANY DEFENDANT ORDER Before the Court is Plaintiff Melanie Kimrey Hodge’s Motion to Remand. (ECF No. 7). Plaintiff seeks to have this case remanded to the Circuit Court of Ashley County, Arkansas pursuant to 28 U.S.C. § 1446(b). Defendant has not responded to Plaintiff’s motion, and the time for doing so has passed. Local Rule 7.2(b). The matter is ripe for the Court’s consideration. On August 6, 2012, Plaintiff filed this action in the Circuit Court of Ashley County, Arkansas. On August 9, 2012, Defendant was served with a copy of the summons and complaint. On September 14, 2012, Defendant filed a Notice of Removal (ECF No. 1) in this Court on grounds of diversity of citizenship under 28 U.S.C. 1446(c). Because Defendant has removed the case beyond the time allowed under section 1446, it must be remanded. Section 1446(b) states that “[t]he notice of removal of a civil action or proceeding shall be filed within 30 days after the receipt by the defendant, through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which such action or proceeding is based....” Here, Defendant filed its notice of removal approximately 35 days after being served with a copy of the complaint. Therefore, removal was improper. Accordingly, the Court finds that Plaintiff’s Motion to Remand (ECF No. 7) should be and hereby is GRANTED, and the case is remanded to the Circuit Court of Ashley County, Arkansas for further proceedings. IT IS SO ORDERED, this 7th day of December, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?