HAYWOOD v. Wal-Mart Stores,Inc.

Filing 12

ORDER DENYING 3 Motion to Remand. Ordered by US DISTRICT JUDGE MARC THOMAS TREADWELL on 3/8/2017. (tlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
MACON DIVISION
RICHARD HAYWOOD,
Plaintiff,
v.
WAL-MART STORES EAST LP,
Defendant.

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CIVIL ACTION NO. 5:16-CV-513 (MTT)

ORDER
Plaintiff Richard Haywood originally filed this complaint in the State Court of
Houston County on January 14, 2016 against Wal-Mart Stores East, LP and the City of
Warner Robins, Georgia. Haywood v. Wal-Mart, 5:16-cv-113 (MTT), Doc. 1-1 (M.D.
Ga.). After removal by Wal-Mart, this Court remanded the case to the state court for
lack of complete diversity because both Haywood and Warner Robins are citizens of
Georgia. Id., Doc. 16. However, on remand, Haywood stated he did not consider
Houston County to be a defendant and that his claims were against Wal-Mart. Doc. 1-2
at 11-12. Accordingly, the state court dismissed Warner Robins as a party. Doc. 1-3 at
2. Within 30 days of that dismissal, and within one year of filing the complaint, Wal-Mart
properly removed the case to this Court. See 28 U.S.C. § 1446(b)(1). Haywood now
moves to remand and Wal-Mart has responded.1 Docs. 3; 7.
Mirroring the language of this Court’s previous order to remand, Haywood’s
motion relies solely on a lack of complete diversity due to Warner Robins’s citizenship.
1

Haywood did not file a reply to Wal-Mart’s Response. However, in the interim, Wal-Mart has moved for
partial summary judgment (Doc. 4) to which Haywood did respond. Doc. 11. In that Response, Haywood
again demands the case be remanded but offers no additional legal arguments. Id. at 1.

See generally Doc. 3. However, Warner Robins was dismissed from this action on
remand and is not considered for jurisdiction purposes. Thus, this case is properly
before the Court pursuant to 28 U.S.C. § 1332: there is complete diversity of citizenship
and the amount in controversy exceeds $75,000. Docs. 1 at 2; 1-1 at 8, 12.
Accordingly, Haywood’s motion to remand (Doc. 3) is DENIED.
SO ORDERED, this the 8th day of March, 2017.
S/ Marc T. Treadwell
MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT

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