Morning Star Associates, Inc. et al v. Unishippers Global Logistics, LLC

Filing 56

ORDER that, subsequent to the remand of this case by the Eleventh Circuit Court of Appeals on December 14, 2015 and briefing by the parties, specifically the Court finds that Plaintiffs were citizens of Georgia and South Carolina, while defendant was a citizen of California, Florida, Idaho, North Carolina, Texas, Utah, and Washington, and thus determines that diversity jurisdiction existed when this suit commenced. Accordingly, the Court directs the Clerk to return the record, as supplemented, to the Eleventh Circuit for further proceedings and to close this case. Signed by Judge Dudley H. Bowen on 5/12/2016. (jah)

P. ILL

U.S. DISMIGT COt^Rl
AUf.; fSTA SIV.
IN THE UNITED STATES DISTRICT COURT FOR THE
SOUTHERN DISTRICT OF GEORGIA

2016 MAY 12 AM 10 08

AUGUSTA DIVISION

47-ite

CLERK

SO.
O.^fST. Of

MORNING STAR ASSOCIATES,
INC.; ROBERT McMAHON;
CHRISTOPHER HERRMANN;

and MARGARET HERRMANN,

Plaintiffs,
CV 115-033

V.

UNISHIPPERS GLOBAL

LOGISTICS, LLC,
Defendant.

ORDER

On

December

14,

2015, the

Eleventh

Circuit Court of

Appeals remanded the above-captioned case to this Court for
the purpose of determining whether the parties were completely
diverse when this suit commenced.

(Doc. no 44.)

time.

evidence

Plaintiff

has

submitted

of

Since that

Defendant's

citizenship (Doc. no. 54), and both parties have filed briefs
indicating that diversity jurisdiction in fact existed. After
reviewing these documents, the Court agrees.

Specifically,

the Court finds that Plaintiffs were citizens of Georgia and
South Carolina while Defendant was a citizen of California,

Florida, Idaho, North Carolina, Texas, Utah, and Washington.
(Doc. nos. 1, 54.)

See Rolling Greens MHP. L.P. v. Comcast

GA

Holdings L.L.C.. 374 F.Sd 1020, 1022 (11th Cir. 2004); Riley

V. Merrill Lynch, 292 F.3d 1334, 1338-39 (11th Cir. 2002).
Accordingly, the Court directs the Clerk to RETURN the record,
as

supplemented,

to

the

Eleventh

Circuit

proceedings and to CLOSE this case.
ORDER ENTERED at Augusta, Georgia, this

for

further

^
day of

May, 2016.

UIsrlTED STATES DISTRICT JUDGE