Alcala-Anguiano v. Obasi

Filing 7

ORDER REMANDING MATTER TO STATE COURT. Signed on 4/13/17 by District Judge Ortrie D. Smith. (Matthes Mitra, Renea)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF MISSOURI
WESTERN DIVISION

GABRIEL ALCALA ANGUIANO,
Plaintiff,
vs.
ERNEST OBASI,
Defendant.

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Case No. 17-00214-CV-W-ODS

ORDER REMANDING MATTER TO STATE COURT
On March 23, 2017, Defendant filed a Notice of Removal from the Circuit Court
of Jackson County with this Court, asserting diversity of citizenship as the basis for
subject matter jurisdiction. Doc. #1. Plaintiff is a Kansas resident, and Defendant is a
Missouri resident. Id. Section 1441(b)(2) articulates the “forum defendant rule” and
provides an action “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.” A
“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) (citing Hurt v. Dow Chemical Company, 963 F.2d 1142, 1146 (8th Cir.
1992)).
On March 24, 2017, the Court ordered Defendant to show cause why this matter
should not be remanded for lack of jurisdiction. Doc. #6. Defendant has not responded
and the time for doing so has passed. Pursuant to section 1441(b)(2), this matter is not
removable. Accordingly, the Court remands this matter to the Circuit Court of Jackson
County, Missouri.

IT IS SO ORDERED.

DATE: April 13, 2017

/s/ Ortrie D. Smith
ORTRIE D. SMITH, SENIOR JUDGE
UNITED STATES DISTRICT COURT