ESTATE OF SANDORD WALLACE et al v. ROUSE et al

Filing 14

CLOSED REMANDED to Vanderburgh Superior Court. Signed by Judge Richard L. Young on 12/28/2011.(TMD)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
EVANSVILLE DIVISION

ESTATE OF SANFORD WALLACE,
DECEASED, BRIAN K. CARROLL,
PERSONAL REPRESENTATIVE,
Plaintiff,
vs.
SAMUEL L. ROUSE,
SCHILLI LEASING, INC., and
WABASH VALLEY
TRANSPORTATION, INC.,
Defendants.

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3:11-cv-95-RLY-WGH

ORDER ON PLAINTIFF’S MOTION TO REMAND
Plaintiff moves to remand the present case to the Vanderburgh Superior Court.
The court, having reviewed the applicable legal authorities, now finds that the motion
should be GRANTED.
Removal to federal court on the basis of diversity of citizenship is only proper if
there is complete diversity of citizenship and none of the properly joined defendants is a
citizen of the state in which the case is brought. 28 U.S.C. § 1441(b); Hurley v Motor
Coach Industries, Inc., 222 F.3d 377, 378 (7th Cir. 2000). Sometimes referred to as the
“forum defendant rule,” 28 U.S.C. § 1441(b) explains that diversity cases “shall be
removable only if none of the parties in interest properly joined and served as defendants
is a citizen of the State in which such action is brought.”
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The record here indicates that Defendants Schilli Leasing, Inc., and Wabash Valley
Transportation, Inc., are both Indiana corporations. (Notice of Removal of Civil Action
¶¶ 10-11). Therefore, removal to federal court was inappropriate.
IT IS HEREBY ORDERED, ADJUDGED, AND DECREED that Plaintiff’s
Motion to Remand is GRANTED. This case is REMANDED to the Vanderburgh
Superior Court.

SO ORDERED the 28th day of December 2011.

__________________________________
RICHARD L. YOUNG, CHIEF JUDGE
United States District Court
Southern District of Indiana

Electronic Copies to:
Robert R. Foos
LEWIS WAGNER, LLP
[e-mail]
Lesley A. Pfleging
LEWIS WAGNER LLP
[e-mail]
Robert L. Simpkins
Robert L. Simpkins Law Offices
[e-mail]

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