Johnson et al v. Ear Nose and Throat SpecialtyCare of Minnesota, P.A.

Filing 14

ORDER: This action is REMANDED to the Second Judicial District of the State of Minnesota. The Clerk of Court shall mail a certified copy of this Order to the clerk of the Second Judicial District of the State of Minnesota. (Please see order for details.) (Written Opinion) Signed by Judge Joan N. Ericksen on February 23, 2015. (CBC)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
Kyle Johnson and Randy Johnson,
Plaintiffs,
v.

Civil No. 14-1521 (JNE/BRT)
ORDER

Ear, Nose and Throat SpecialtyCare of
Minnesota, P.A.,
Defendant.
Ear, Nose and Throat SpecialtyCare of Minnesota, P.A., which is a citizen of
Minnesota, removed this action from state court on the basis of the jurisdiction conferred
by 28 U.S.C. § 1332(a)(1) (2012). “A civil action otherwise removable solely on the
basis of the jurisdiction under section 1332(a) of this title may not be removed if any of
the parties in interest properly joined and served as defendants is a citizen of the State in
which such action is brought.” 28 U.S.C. § 1441(b)(2) (2012). The United States Court
of Appeals for the Eighth Circuit has “held that the violation of the forum defendant rule
is a jurisdictional defect and ‘not a mere procedural irregularity capable of being
waived.’” Horton v. Conklin, 431 F.3d 602, 605 (8th Cir. 2005) (quoting Hurt v. Dow
Chem. Co., 963 F.2d 1142, 1146 (8th Cir. 1992)). Ear, Nose and Throat SpecialtyCare of
Minnesota recently acknowledged that it had removed the action from state court in
violation of § 1441(b)(2), and it asked that the action be remanded to state court. The
Court remands the action to state court.

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Based on the files, records, and proceedings herein, and for the reasons stated
above, IT IS ORDERED THAT:
1.

This action is REMANDED to the Second Judicial District of the State of
Minnesota.

2.

The Clerk of Court shall mail a certified copy of this Order to the clerk of
the Second Judicial District of the State of Minnesota.

Dated: February 23, 2015
s/Joan N. Ericksen
JOAN N. ERICKSEN
United States District Judge

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