AmeriGas Propane L.P. v. Eye et al

Filing 9

MEMORANDUM AND ORDER OF REMAND: IT IS HEREBY ORDERED that Defendant Chilton Oil Co.'s motion (Doc. No. 7 ) to remand is GRANTED, and this action is REMANDED to the 24th Judicial Circuit Court, St. Francois County, Missouri. Signed by District Judge Audrey G. Fleissig on August 14, 2015. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

AMERIGAS PROPANE, L.P.,
Plaintiff,
vs.
TONY EYE and CHILTON OIL
COMPANY,
Defendant.

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Case No. 4:15CV01172 AGF

MEMORANDUM AND ORDER OF REMAND
This matter is before the Court on Defendant Chilton Oil Co.’s unopposed motion
to remand this action to state court on the ground that it is a citizen of Missouri, as set forth
in the complaint. Chilton Oil Co. was the removing party, basing removal on this Court’s
diversity jurisdiction. But Chilton Oil Co. now correctly notes that 28 U.S.C.
§ 1441(b)(2) prohibits removal based on diversity if any of the defendants properly joined
and served is a citizen of the state in which the action was filed.
Accordingly,
IT IS HEREBY ORDERED that Defendant Chilton Oil Co.’s motion (Doc. No.
7) to remand is GRANTED, and this action is REMANDED to the 24th Judicial Circuit
Court, St. Francois County, Missouri.
Dated this 14th day of August, 2015.

AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE