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)

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