-WC Brown v. Tanner Medical Center et al, No. 3:2010cv01089 - Document 30 (M.D. Ala. 2011)

Court Description: OPINION AND ORDER granting the 18 Motion to remand; remanding the case to the Circuit Court of Randolph County, Alabama; directing that all other pending motions are left for disposition by the state court after remand; directing the Clerk to take steps to effect the remand. Signed by Honorable Myron H. Thompson on 1/31/2011. Certified copy of order and docket sheet sent to Circuit Clerk for Randolph County. (br, )

Download PDF
-WC Brown v. Tanner Medical Center et al Doc. 30 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION KATHY BROWN, ) ) ) ) ) ) ) ) ) ) Plaintiff, v. TANNER MEDICAL CENTER, et al., Defendants. CIVIL ACTION NO. 3:10cv1089-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 plaintiff’s motion to remand. before the court on The court agrees with plaintiff that this case should be remanded to state court. While removing defendant Tanner Medical Center, Inc., alleges in its amended notice of removal that defendant entity,” Tanner the Health court System cannot say is a that “non-existent this factual allegation is so well-established that Tanner Health Dockets.Justia.com System can be ignored as essentially fraudulently joined as a defendant, pretermitting the need to establish the State or States of its citizenship. See 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). Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that plaintiff’s motion to remand (Doc. No. 18) is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Randolph 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 appropriate steps to effect the remand. DONE, this the 31st day of January, 2011. /s/ Myron H. Thompson UNITED STATES DISTRICT JUDGE take

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.