McFadyen v. Blount County Alabama et al, No. 2:2013cv00804 - Document 29 (N.D. Ala. 2013)
Court Description: MEMORANDUM OPINION AND ORDER: As further set out in order, Plaintiffs motion is GRANTED, and the court REMANDS this action to the Blount County Circuit Court.Signed by Judge Abdul K Kallon on 05/29/2013. (CVA)
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FILED 2013 May-29 AM 11:18 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION ) ) ) ) ) ) ) ) ) ) TANYA MCFADYEN, Plaintiff, vs. BLOUNT COUNTY ALABAMA, et al., Defendants. Civil Action Number 2:13-cv-00804-UNAS-AKK MEMORANDUM OPINION AND ORDER Pursuant to 28 U.S.C. ยง 1447, Plaintiff Tanya McFadyen seeks to remand the above captioned action to the Blount County Circuit Court, see doc. 24, based on her Amended Complaint, doc. 23, which omitted the only federal claim in this matter. Since Defendants removed this action based on the existence of federal question jurisdiction, see doc. 1, Defendants concede that Plaintiff s Amended Complaint destroys federal jurisdiction, doc. 28 at 2. Accordingly, Plaintiff s motion is GRANTED, and the court REMANDS this action to the Blount County Circuit Court. 1 DONE this 29th day of May, 2013. ________________________________ ABDUL K. KALLON UNITED STATES DISTRICT JUDGE 2
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