George et al v. LSI Flood Services et al, No. 2:2016cv00964 - Document 21 (M.D. Ala. 2017)

Court Description: OPINION AND ORDER: it is the ORDER, JUDGMENT, and DECREE of the court that plfs' 15 motion to remand is granted and that, pursuant to 28 USC 1447(c), this cause is remanded to the Circuit Court of Barbour County, Alabama; further ORDERED th at any and all other pending motions are left for disposition by the state court after remand; DIRECTING the clerk to take appropriate steps to effect the remand; This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 12/21/2017. (Certified copies of order and docket sheet mailed to Circuit Clerk, Barbour County) (wcl, )

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George et al v. LSI Flood Services et al Doc. 21 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION GERALD & REBECCA GEORGE, ) ) ) ) ) ) ) ) ) ) Plaintiffs, v. LSI FLOOD SERVICES; et al., Defendants. CIVIL ACTION NO. 2:16cv964-MHT (WO) OPINION AND ORDER This federal lawsuit, court which based was on removed from state to diversity-of-citizenship jurisdiction, 28 U.S.C. §§ 1332, 1441, & 1446, is now before the court on plaintiffs’ motion to remand. “In a the removal case alleging fraudulent joinder, removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court. … The burden of the removing party is a ‘heavy one.’” Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1997) Dockets.Justia.com (citations omitted). The court agrees with plaintiffs that this case should be remanded to state court because there has been no fraudulent joinder. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989). *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs’ motion to remand (doc. no. 15) is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Barbour County, Alabama. It is further ORDERED that any and all other pending motions are left for disposition by the state court after remand. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. DONE, this the 21st day of December, 2017. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE

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