Files v. United Parcel Service, Inc. et al

Filing 13

ORDER granting 10 Motion to Remand; ORDER REMANDING CASE TO STATE COURT. Signed by Honorable Susan O. Hickey on August 15, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JASON FILES
v.

PLAINTIFF
Case No. 4:16-cv-04060

UNITED PARCEL SERVICE, INC.; and
MYRTIS EASTER

DEFENDANT

ORDER
Before the Court is the Motion to Remand filed by Plaintiff Jason Files. (ECF No. 10).
Plaintiff asserts that the case should be remanded because Defendant Myrtis Easter is a citizen of
Pulaski County, Arkansas. “A civil action otherwise removable solely on the basis of the jurisdiction
under section 1332(a) of this title [28 USC § 1332(a)] may not be removed if any of the parties in
interest properly joined and served as defendants is a citizen of the State in which such action is
brought.” 28 USC § 1441(b)(2). Defendants do not dispute Plaintiff’s assertion that remand is
appropriate.
After consideration, the Court finds that Plaintiff’s Motion to Remand (ECF No. 10) should
be and hereby is GRANTED, and this action is hereby remanded to the Circuit Court of Hempstead
County, Arkansas for proper adjudication of the issues in this case.
IT IS SO ORDERED, this 15th day of August, 2016.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge