Richards et al v. Estate of Kyle Morris Mallette et al

Filing 15

ORDER granting 14 Motion to Remand to State Court. This action is remanded to the Chancery Court of Jackson County, Mississippi. The Clerk of Court shall mail a certified copy of this Order to the clerk of the state court. Signed by District Judge Halil S. Ozerden on 12/23/13. (RLW)

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UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI SOUTHERN DIVISION Jackie L. Richards, Jr.; and wife, Patsy J. Richards, ) ) ) Plaintiffs ) ) vs. ) ) ) The Estate of Kyle Morris Mallette; ) Southern AgCredit, formerly known as ) Land Bank South, FLCA, formerly ) known as Federal Land Bank ) Association of South MS, FLCA; Alton ) K. McRee, Trustee; the United States of ) America; and the State of Mississippi, ) ) Defendants ) Civil Action No.: 1:13cv303-HSO-RHW ________________________________________________________________________ Order Granting Agreed Motion to Remand to State Court ________________________________________________________________________ Before the Court is the Plaintiffs’ and Defendants’ Agreed Motion [14] to Remand in which the parties seek remand of this action to the Chancery Court of Jackson County, Mississippi, the court from which this action was removed. The Court finds that on July 22, 2013, this action was removed from the Chancery Court of Jackson County, Mississippi, to this Court by Defendant United States of America pursuant to 28 U.S.C. §§ 1442(a) and 1446(a). The Court further finds that on December 18, 2013, a telephonic case management conference was held with United States Magistrate Judge Robert H. Walker, at which time the Court was informed that all parties were desirous of remanding this action to the Chancery Court of Jackson County, Mississippi. Accordingly, IT IS, THEREFORE, ORDERED AND ADJUDGED that, Plaintiffs’ and Defendants’ Agreed Motion [14] to Remand is GRANTED. to the Chancery Court of Jackson County, Mississippi. This action is remanded The Clerk of Court shall immediately mail a certified copy of this Order to the clerk of the state court pursuant to 28 U.S.C. § 1447(c). SO ORDERED AND ADJUDGED on this, the 23rd day of December, 2013. s/ Halil Suleyman Ozerden HALIL SULEYMAN OZERDEN UNITED STATES DISTRICT JUDGE Prepared by: Stephen R. Graben Assistant United States Attorney 1575 20th Avenue Gulfport, Mississippi 39501 (228) 563-1560 (voice) (228) 563-1571 (facsimile) stephen.graben@usdoj.gov Mississippi Bar No. 4931 Attorney for Defendant United States of America 2

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