Cowan v. Continental Resources Inc

Filing 10

ORDER granting 9 Motion to Remand to State Court. Signed by Honorable Timothy D. DeGiusti on 3/12/2014. (mb)

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
JASON TODD COWAN
Plaintiff,
v.
CONTINENTAL RESOURCES, INC.
Defendant.

)
)
)
)
)
)
)
)
)

Case No.: CIV-14-171-D

ORDER
Pending before the Court is Defendant’s Unopposed Motion to Remand
[Doc. No.9]. Defendant is a citizen of Oklahoma, the forum state in which this
action was brought. Defendant removed this action on grounds of diversity of
citizenship pursuant to 28 U.S.C. § 1332. See Notice of Removal [Doc. No. 1].
Pursuant to 28 U.S.C. § 1441(b)(2), “[a] civil action otherwise removable solely on
the basis of [diversity] jurisdiction . . . 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.” Additionally, Defendant represents in its Motion that the
parties have conferred and agree that removal of this matter is not proper.
Having reviewed the allegations in the state court Petition and the
Defendant’s Unopposed Motion to Remand, the Court concludes that pursuant to
28 U.S.C. § 1441(b)(2), this matter may not be removed and, therefore, a remand

is required. Defendant’s Unopposed Motion to Remand [Doc. No. 9] is, therefore,
GRANTED.
IT IS SO ORDERED this 12th day of March, 2014.

2