Reata Petroleum, Ltd et al v. ESM Limited et al

Filing 5

ORDER: The Emergency Motion to Remand 3 filed by plaintiff Harish Raghavan is well-taken and is, therefore, GRANTED. The Notice of Removal and Civil Cover Sheet state that defendant Sean Hornbeck, who removed the case, is a citizen and resident of the State of Tennessee. Because this action was removed based on diversity of citizenship only, removal is inappropriate under 28 U.S.C. § 1441(b) because defendant Hornbeck is a "citizen of the State in which such action is brought," namely Tennessee. The Clerk shall REMAND this case to the Chancery Court for Davidson County, Tennessee, from whence it was improperly removed. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/15/08. (af)

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION REATA PETROLEUM, LTD., ) ) Plaintiff, ) ) v. ) ) ESM LIMITED, WILLIAM F. DIPPOLITO, P.S., ) INC., WILLIAM F. DIPPOLITO, individually, ) MARTIN BURKE, individually and in his ) corporate capacity with ESM, Limited, ) DAVID PRAISE, individually and in his corporate ) capacity with ESM, Limited, ) N. KAMANGA MWANGI, individually, and in ) his corporate capacity with Kamro Consulting ) Group, International Corporation, N. Kamanga ) Mwangi, Chairman and CEO; and ) SaZara Investments, ) ) Defendants, ) and ) ) HARISH RAGHAVAN, ) ) Plaintiff, ) ) v. ) ) SEAN HORNBECK, ) ) Defendant. ) ORDER The Emergency Motion to Remand filed by plaintiff Harish Raghavan is well-taken and is, therefore, GRANTED. The Notice of Removal and Civil Cover Sheet state that defendant Sean Hornbeck, who removed the case, is a citizen and resident of the State of Tennessee. Because this action was removed based on diversity of citizenship only, removal is inappropriate 1

Civil No. 3:08-1009 Judge Trauger

under 28 U.S.C. § 1441(b ) because defendant Hornbeck is a "citizen of the State in which such action is brought," namely Tennessee. The Clerk shall REMAND this case to the Chancery Court for Davidson County, Tennessee, from whence it was improperly removed. It is so ORDERED. ENTER this 15th day of October 2008. ________________________________ ALETA A. TRAUGER U.S. District Judge

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