Yuda v. Chest Medicine Associates, PSC.
Filing
9
MEMORANDUM OPINION by Senior Judge Charles R. Simpson, III on 1/25/2018 - The motion of the plaintiff is well-taken and is conceded by the defendant. A separate order will be entered granting Yuda's motion and remanding this action to the Jefferson County, Kentucky, Circuit Court.cc:counsel (DAK)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
ALISON YUDA
PLAINTIFF
v.
CRIMINAL ACTION NO. 3:17CV-365-CRS
CHEST MEDICINE ASSOCIATES, P.S.C.
DEFENDANT
MEMORANDUM OPINION
This matter is before the court on motion of the plaintiff, Alison Yuda, to remand this
action to the Jefferson County, Kentucky, Circuit Court (DN 4).
Yuda, an Indiana citizen, sued her former employer, Chest Medicine Associates, P.S.C.,
(“CMA”) a Kentucky corporation, in state court, and CMA removed the action to this court
under our diversity jurisdiction. Yuda has moved for remand on the ground that the forum
defendant rule precluded CMA from removing the case. Indeed, CMA states in its response that
it “acknowledges that it bears the burden to establish that removal is proper, and given the
current state of the law, it does not dispute Plaintiff’s right to seek remand to state court. CMA
does not dispute that it is a Kentucky corporation having its principal place of business in
Louisville, Kentucky, and therefore is subject to the prescriptions of the forum defendant rule
found in 28 U.S.C. § 1441(b)(2).” (DN 7, p. 3).
The motion of the plaintiff is well-taken and is conceded by the defendant. A separate
order will be entered granting Yuda’s motion and remanding this action to the Jefferson County,
Kentucky, Circuit Court.
January 25, 2018
IT IS SO ORDERED.
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cc: Counsel of Record
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