Lindwood v. Ferrellgas Operating, L.P. et al

Filing 16

MEMORANDUM AND ORDER OF REMAND. (See Full Order.) Because Ferrellgas has consented to Plaintiff's Motion to Remand, and because Engineered Controls has failed to seek denial of the Motion, the Court will grant the Motion. The case is hereby r emanded back to state court. Accordingly, IT IS HEREBY ORDERED that Plaintiff's "Motion to Remand" [ECF No. 13 ] is GRANTED. Signed by District Judge E. Richard Webber on 03/18/2015. (Certified order and docket sheet sent to 22nd Circuit Court, State of Missouri (St. Louis City) this date.) (CBL)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
DESMOND LINDWOOD,
Plaintiff,
v.
FERRELLGAS OPERATING, L.P.,
and
ENGINEERED CONTROLS
INTERNATIONAL, LLC,
Defendants.

)
)
)
)
)
)
)
)
)
)
)
)

No. 4:15CV00028 ERW

MEMORANDUM AND ORDER OF REMAND
This matter comes before the Court on Plaintiff Desmond Lindwood’s “Motion to
Remand” [ECF No. 13].
In December 2014, Desmond Lindwood (“Plaintiff”) filed suit against Ferrellgas
Operating, L.P. (“Ferrellgas”) and Engineered Controls International, LLC (“Engineered
Controls”) in the Circuit Court of the City of St. Louis [ECF Nos. 1, 3]. Alleging he “was
injured as a result of a flash fire as a result of the escape of propane” [ECF No. 1 at 1], Plaintiff
brings the following claims: negligence against Ferrellgas (Count I); strict liability against
Ferrellgas (Count II); strict liability against Engineered Controls (Count III); and negligent
failure to warn against Engineered Controls (Count IV) [ECF No. 3].
On January 6, 2015, Ferrellgas filed a Notice of Removal with this Court, pursuant to 28
U.S.C. §§ 1332, 1441, and 1446 [ECF No. 1]. The next day, Engineered Controls consented to
removal [ECF No. 7]. On February 5, 2015, Plaintiff filed its pending Motion to Remand [ECF
No. 13]. On February 10, Ferrellgas filed a Response, “consent[ing] to remand of this matter to

State Court” [ECF No. 14 at 1]. Engineered Controls has not made a responsive filing as to the
pending Motion.
Because Ferrellgas has consented to Plaintiff’s Motion to Remand, and because
Engineered Controls has failed to seek denial of the Motion, the Court will grant the Motion.
The case is hereby remanded back to state court.
Accordingly,
IT IS HEREBY ORDERED that Plaintiff’s “Motion to Remand” [ECF No. 13] is
GRANTED.
Dated this 18th Day of March, 2015.

E. RICHARD WEBBER
SENIOR UNITED STATES DISTRICT JUDGE

-2-