McRae Law Firm, PLLC v. Gilmer et al

Filing 41

ORDER denying 40 Motion seeking this Court's approval for the defendants' consent to a "removal notice" served on them on January 15, 2019 Signed by Honorable David C. Bramlette, III on 05/06/2019 (ECW)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
NORTHERN DIVISION
MCRAE LAW FIRM, PLLC
VS.

PLAINTIFF
CIVIL ACTION NO. 3:17-cv-704(DCB)(LRA)

BARRY WADE GILMER, ET AL.

DEFENDANTS
ORDER

This cause is before the Court on a Petition for Approval to
File Consent to Removal (Doc. 40) filed on February 27, 2019, by
defendant Barry Wade Gilmer individually and on behalf of all named
defendants (hereafter “the Gilmer Defendants”).

Having carefully

considered the defendants’ Petition and the applicable law, and
being fully advised in the premises, the Court finds as follows:
On July 21, 2016, plaintiff McRae Law Firm, PLLC, filed a
Complaint against the Gilmer Defendants in the Chancery Court of
the First Judicial District of Hinds County, Mississippi.

On

August 25, 2017, the Gilmer Defendants filed a Notice of Removal to
this Court.
On January 3, 2018, the action was remanded to Hinds County
Chancery Court (Doc. 13).

This Court retained jurisdiction only

over the discrete issues of the amount of just costs owed to the
plaintiff and the propriety of a pre-filing injunction sanction
under Federal Rule of Civil Procedure 11 (Doc. 13).
On July 26, 2018, the Court granted the plaintiff’s motion for
recovery of costs and fees in the amount of $5,491.40, representing

the just costs and actual expenses, including attorney fees,
plaintiff had incurred as a result of defendants’ objectively
unreasonable removal of this case from the Chancery Court of the
First Judicial District of Hinds County.
In the present motion, styled a “Petition for Approval to File
Consent to Removal” (Doc. 40), the Gilmer Defendants seek this
Court’s approval for their consent to a “removal notice” served on
them on January 15, 2019.

The docket in this case does not reflect

any removal notice served on the Gilmer Defendants on January 15,
2019, nor do the Gilmer Defendants show that they are entitled to
the relief requested.
Accordingly,
IT IS HEREBY ORDERED that the Gilmer Defendants’ Petition for
Approval to File Consent to Removal (Doc. 40) filed on February 27,
2019, is DENIED.
SO ORDERED, this the 6th day of May, 2019.

/s/ David Bramlette
UNITED STATES DISTRICT JUDGE

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