Fugate et al v. Kroger Group Inc.
Filing
20
MEMORANDUM OPINION AND ORDER: (1) Plaintiffs' 7 Motion to Remand is GRANTED. (2) This action is remanded back to Powell County Circuit Court for further proceedings. (3) This matter is STRICKEN from the DOCKET. Signed by Judge Karen K. Caldwell on February 16, 2012. (AWD) cc: COR,Powell Circuit Court
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
at LEXINGTON
CIVIL ACTION NO. 11-347-KKC
ALEX FUGATE, et al.
PLAINTIFFS
v.
MEMORANDUM OPINION AND ORDER
KROGER GROUP INC., et al.
DEFENDANTS
*** *** *** ***
This matter is before the Court on the Plaintiffs’ Motion to Remand. [DE 7]. The
Plaintiffs’ filed a Motion to Amend Complaint [DE 6] to add additional non-diverse defendants.
At the same time, the Plaintiffs’ filed a Motion to Remand because if their Motion to Amend was
granted, there would no longer be complete diversity and this Court would lack subject-matter
jurisdiction.
Kroger objected to the Motion to Amend and the Motion to Remand, but did not clearly
state its legal grounds for the objection. [DE 15]. The Court granted the Motion to Amend. [DE
16]. The Plaintiffs then filed their First Amended Complaint stating that the new named
Defendants are citizens of Kentucky. [DE 17 at 2-3]. Absent a clear legal objection to the Motion
to Remand stating the grounds in opposition, the Court will GRANT the Motion to Remand
because complete diversity no longer exists.
It is ORDERED that:
1) Plaintiffs’ Motion to Remand [DE 7] is GRANTED;
2) This action is remanded back to the Powell County Circuit Court for further
proceedings; and
3) This matter is STRICKEN from the DOCKET.
Dated this 16th day of February, 2012.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?