Pilgrim's Pride Corporation v. Bakers Refrigeration Systems, LLC et al

Filing 20

ORDER REMANDING CASE. Defendants' Unopposed Motion for Remand (ECF No. #19 ) is GRANTED. Pursuant to 28 U.S.C. 1447(c), due to this Court's lack of subject matter jurisdiction, this case is REMANDED to the Weld County District Court, State of Colorado, where it was original filed as Case No. 2022CV30148. The Clerk shall close this case. By Judge Raymond P. Moore on 5/9/2022. (trvo, )

Case 1:22-cv-00935-RM-SKC Document 20 Filed 05/09/22 USDC Colorado Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Judge Raymond P. Moore
Civil Action No. 22-cv-00935-RM-SKC
PILGRIM’S PRIDE CORPORATION, a Delaware Corporation
Plaintiff,
v.
BAKER REFRIGERATION SYSTEMS, LLC, an Arkansas limited liability company, F/K/A
BAKER REFRIGERATION SYSTEMS, INC.;
THE PHOENIX INSURANCE COMPANY, a Connecticut corporation;
TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA, a Connecticut
corporation; and
XL INSURANCE AMERICA, INC., a Delaware corporation
Defendants.
______________________________________________________________________________
ORDER REMANDING CASE
______________________________________________________________________________
This matter is before the Court on an unopposed Motion by Defendants Travelers
Property Casualty Company of America and The Phoenix Insurance Company to Remand (the
“Motion”) (ECF No. 19) seeking to remand this action to Weld County District Court from
which it was removed. Defendants represent that diversity does not exist between the parties and
the Court construes the remaining Parties’ non-opposition to the remand as an agreement that the
complete diversity required for diversity jurisdiction does not exist. Accordingly, the action was
not removable in the first instance. See 28 U.S.C. § 1332(a). Therefore, the action shall be
remanded to the Weld County District Court from where it was removed. 28 U.S.C. § 1447(c)
(“A motion to remand the case on the basis of any defect other than lack of subject matter
jurisdiction must be made within 30 days after the filing of the notice of removal under section

Case 1:22-cv-00935-RM-SKC Document 20 Filed 05/09/22 USDC Colorado Page 2 of 2

1446(a). If at any time before final judgment it appears that the district court lacks subject matter
jurisdiction, the case shall be remanded.”).
Based on the foregoing, the Court ORDERS
(1)

That Defendants’ Unopposed Motion for Remand (ECF No. 19) is GRANTED;

(2)

That, pursuant to 28 U.S.C. § 1447(c), due to this Court’s lack of subject matter
jurisdiction, this case is REMANDED to the Weld County District Court, State of
Colorado, where it was original filed as Case No. 2022CV30148; and

(3)

That the Clerk shall close this case.

DATED this 9th day of May, 2022.
BY THE COURT:

____________________________________
RAYMOND P. MOORE
United States District Judge

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