Sealey v. Branch Banking and Trust Company (MAG+), No. 2:2017cv00785 - Document 42 (M.D. Ala. 2020)

Court Description: OPINION AND ORDER directing that this cause is remanded to the Circuit Court of Crenshaw County, Alabama; All pending motions are left for resolution by the state court; 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 3/25/2020. (Attachments: # 1 civil appeals checklist). Certified copy mailed to Circuit Court Clerk, Crenshaw County.(djy, )

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Sealey v. Branch Banking and Trust Company (MAG+) Doc. 42 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, NORTHERN DIVISION MELVIN LEWIS SEALEY, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. BRANCH BANKING AND TRUST COMPANY, Defendant. CIVIL ACTION NO. 2:17cv785-MHT (WO) OPINION AND ORDER Plaintiff brought this action claiming a property deed was void. in state court Defendant removed the case to federal court asserting that the court has diversity jurisdiction over the case, see 28 U.S.C. § 1332, and brought a counterclaim against plaintiff. The court summary has since judgment on granted all of defendant’s plaintiff’s defendant’s counterclaim remains pending. the property jurisdiction dispute had been that was resolved, the the motion for claims, but Noting that basis United for States Dockets.Justia.com Magistrate Judge ordered defendant to show cause as to why the court should not exercise its discretion to remand the case to state court, pursuant to 28 U.S.C. § 1367(c)(3). See Order (doc. no. 40). Defendant responded that it consents to remand of this action to state court. See Consent to Remand (doc. no. 41). The court therefore declines to exercise jurisdiction over the remaining claims. The court assumes that plaintiff does not oppose remand because he previously moved to remand this case to state court. See Motion to Remand (doc. no. 6). *** Accordingly, remanded to it the is Circuit ORDERED Court that of this Crenshaw cause is County, Alabama. All pending motions are left for resolution by the state court. The clerk of the court is DIRECTED appropriate steps to effect the remand. 2 to take This case is closed in this court. DONE, this the 25th day of March, 2020. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE 3

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