Hancock Shoppes, LLC v. Retained Subsidiary One, LLC et al

Filing 48

ORDER granting 47 Defendant Retained Subsidiary One, LLC's Unopposed Second Motion for Leave to Amend Notice of Removal. The Clerk of Court is DIRECTED to file the Amended Notice of Removal [47-]1 as a new docket entry. Plaintiff Hancock Shoppes, LLC's Motion to Remand 11 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 7/24/2017. (LMF)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
HANCOCK SHOPPES, LLC,
Plaintiff,
v.

Case No: 2:17-cv-364-FtM-99MRM

RETAINED SUBSIDIARY ONE, LLC,
KASH N’ KARRY FOOD STORES,
INC., THE KROGER CO. OF
MICHIGAN and FAMILY CENTER,
INC.,
Defendants.
/
OPINION AND ORDER1
This matter comes before the Court on Defendant Retained Subsidiary One, LLC’s
Unopposed Second Motion for Leave to Amended Notice of Removal.

(Doc. 47).

Retained Subsidiary seeks to amend its Notice of Removal to (1) include additional
information about the citizenship for each member holding an interest in the limited liability
company; and (2) outline the transactions whereby Defendant Kash n’ Karry Food Stores,
Inc. was dissolved. (Doc. 47; Doc. 47-1). Retained Subsidiary has attached its proposed
Amended Notice of Removal. (Doc. 47-1). In addition, Plaintiff Hancock Shoppes, LLC

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has agreed to withdraw its Motion for Remand (Doc. 11) with the filing of the Amended
Notice of Removal.
Upon review of the proposed Amended Notice of Removal, and because Retained
Subsidiary’s motion is unopposed, the Court finds good cause to grant the requested
relief.
Accordingly, it is now
ORDERED:
(1) Defendant Retained Subsidiary One, LLC’s Unopposed Second Motion for
Leave to Amend Notice of Removal (Doc. 47) is GRANTED.
(2) The Clerk of Court is DIRECTED to file the Amended Notice of Removal (Doc.
47-1) as a new docket entry.
(3) Plaintiff Hancock Shoppes, LLC’s Motion to Remand (Doc. 11) is DENIED as
moot.
DONE and ORDERED in Fort Myers, Florida this 24th day of July 2017.

Copies: All Parties of Record

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