McClain v. SSC Montgomery Cedar Crest Operating Company LLC, et al., No. 2:2014cv01070 - Document 16 (M.D. Ala. 2014)
Court Description: MEMORANDUM OPINION AND ORDER directing that the motion to remand (doc. no. 14 ) is granted and that, pursuant to 28 U.S.C.A. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama; further ORDERED that all other pending motions are left for resolution after remand; the clerk of the court is DIRECTED to take appropriate steps to effect the remand. Signed by Honorable Judge Myron H. Thompson on 12/9/14. (Attachments: # 1 Civil Appeals Checklist)(scn, )
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McClain v. SSC Montgomery Cedar Crest Operating Company LLC, et al. Doc. 16 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION KELVIN McCLAIN, as Attorney in Fact for Mervin McClain, ) ) ) ) Plaintiff, ) ) v. ) ) SSC MONTGOMERY CEDAR CREST ) OPERATING COMPANY LLC, et ) al., ) ) Defendants. ) CIVIL ACTION NO. 2:14cv1070-MHT (WO) OPINION AND ORDER This lawsuit, which was removed to this court from the Circuit Court of Montgomery County, Alabama based on diversity of citizenship, see 28 U.S.C.A. §§ 1332 and 1441, is now before the court on defendant Comfort Dental of Dothan LLC’s motion to remand. Comfort Dental asserts that it did not agree to removal of the case from state court. SSC Montgomery notice of Cedar removal § 1446(b)(2)(A), Therefore, it argues, defendant Crest was which Operating invalid requires Company, under the 28 consent LLC’s U.S.C. of all Dockets.Justia.com defendants who have been “properly joined and served”. The court agrees with Comfort Dental that, under § 1446(b)(2)(A), this case was improperly removed from state court. Therefore, the court lacks jurisdiction to hear this case. In entered problems addition, a on combined in the November 2014, this court and opinion 7, order that noted jurisdictional allegations in the notice of removal and gave the removing party until November 14, 2014, to amend jurisdiction sufficiently. the notice to allege In the order, the court advised that failure to do so would result in the case being remanded to state court. No curative pleading has been filed. Finally, counsel for all parties have informed the court that they all now agree to remand. *** Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that the motion to remand (doc. no. 14) is 2 granted and that, pursuant to 28 U.S.C.A. § 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. It is further ORDERED that all other pending motions are left for resolution after remand. The clerk of the court is DIRECTED to appropriate steps to effect the remand. This case is closed in this court. DONE, this the 9th day of December, 2014. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE take
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