Harrod v. City of Tybee Island, GA

Filing 21

ORDER granting 9 Motion to Remand; granting 20 Motion to Remand to State Court. Signed by Judge B. Avant Edenfield on 6/10/13. (bcw)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
MICHAEL G. HARROD,
Plaintiff,
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4: 13-cv-63

CITY OF TYBEE ISLAND, GA,
Defendant.
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Before the Court are Michael G. Harrod's
motions to remand this case back to the State
Court of Chatham County. ECF Nos. 9; 20.
For the reasons stated herein, Harrod's
motions are GRANTED.
Harrod originally filed this action in the
State Court of Chatham County on February
8, 20013. Because Harrod asserted claims
under 42 U.S.C. §§ 1983 and 1988 along with
his various state law claims, the City of Tybee
Island removed the case to this Court based
on federal question jurisdiction. Harrod then
tiled a motion to amend his complaint to
remove any causes of action arising under
federal law as well as any allegations related
thereto. ECF No. 10.' This Court granted
Harrod leave to amend his complaint. ECF
No. 15.
On April 25, 2013, Harrod filed his
amended complaint. ECF No. 16. Harrod
now reasserts his motion to remand back to
state court. ECF No. 20. Tybee "does not
oppose [Harrod's] motion to remand but
reserves the right to remove the case again if
Harrod filed his first motion to remand
contemporaneously with his motion to amend his
complaint.

[Harrod] attempts to amend his complaint in
state court to reassert or re-allege deferral
claims." ECF No. 11. The Court has
reviewed Harrod's amended complaint, and
notes that it now asserts only state law claims.
Id.
"[T]he plaintiff is the master of the
complaint, free to avoid federal jurisdiction
by pleading only state claims even where a
Hill v.
federal claim is also available."
BellSouth Telecomms., Inc., 364 F.3d 1308.
1314 (11th Cir. 2004). Harrod has done just
that. Tybee does not oppose Harrod's
motions, and the Court finds no reason to
prevent Harrod from pursuing this course.
Accordingly, Harrod's motions to remand
this case back to the State Court of Chatham
County, ECF Nos. 9; 20, are GRANTED.

This Zoday of June, 2013.

B. AVANT EDENFIELD, JU9E
UNITED STATES DISTRI$Yf COURT
SOUTHERN DISTRICT OF GEORGIA