Frank M. Wilson, P.C. et al v. Little Meyers, Ltd. et al, No. 2:2014cv00704 - Document 43 (M.D. Ala. 2014)

Court Description: OPINION AND ORDER, it is the ORDER, JUDGMENT and DECREE of the court that plaintiff's 19 MOTION to Remand is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Bullock County, Alabama; further ORDERING that 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 9/25/14. Certified copy mailed to Clerk Circuit Court of Bullock County, AL.(djy, )
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Frank M. Wilson, P.C. et al v. Little Meyers, Ltd. et al Doc. 43 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION FRANK M. WILSON, P.C., and FRANK M. WILSON, Plaintiffs, v. LITTLE MEYERS, LTD., et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION NO. 2:14cv704-MHT (WO) OPINION AND ORDER This lawsuit, which was removed from state to federal court based on diversity-of-citizenship jurisdiction, 28 U.S.C. §§ 1332, 1441, is now plaintiffs motion to remand. before the court on The court agrees with plaintiffs that this case should be remanded to state court. The court agrees with plaintiffs that there has been neither fraudulent joinder, Coker v. Amoco Oil Co., 709 F.2d 1433, 1440 (11th Cir. 1983); Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989), nor fraudulent misjoinder, Tapscott v. MS Dealer Service Dockets.Justia.com Corp., 77 F.3d 1353, 1360 (11th Cir. 1996). Also, the court cannot say that there is not any arguable basis for keeping the resident defendant as a defendant. *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs motion to remand (Doc. No. 19) is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Bullock 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 25th day of September, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE