McCutcheon v. Cecil
Filing
38
ORDER by Judge Frank H. Seay, remanding case to the District Court of Bryan County, Oklahoma (terminates case) (trl, Chambers)
IN THE UNITED STATES DISTRICT COURT FOR THE
EASTERN DISTRICT OF OKLAHOMA
CHARLES DAVID MCCUTCHEON,
Plaintiff,
v.
WILLIAM ORAN CECIL, DURANT FLEA
MARKET, L.L.C., an Oklahoma
Limited Liability Company; and
OBC, Inc., an Oklahoma
Corporation,
Defendants.
)
)
)
)
) No. CIV-12-125-FHS
)
)
)
)
)
)
)
)
ORDER
On March 20, 2012, this action was removed from the District
Court of Bryan County, Oklahoma, pursuant to 28 U.S.C. § 1332 on
the basis of diversity jurisdiction.
Following removal, Plaintiff
filed an Amended Complaint on September 24, 2012, adding nondiverse Defendants, Durant Flea Market, L.L.C. and OBC, Inc.
With
the addition of these non-diverse defendants, this Court no longer
has subject matter jurisdiction over Plaintiff’s claims on the
basis of diversity jurisdiction.
The Amended Complaint also does
not set forth any other basis for this Court’s exercise of subject
matter jurisdiction in this matter. Consequently, this Court lacks
subject matter jurisdiction and this action is ordered remanded to
the District Court of Bryan County, Oklahoma.
See 28 U.S.C. §
1447(e).
It is so ordered this 4th day of October, 2012.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?