Fugate et al v. Kroger Group Inc., No. 5:2011cv00347 - Document 20 (E.D. Ky. 2012)
Court Description: MEMORANDUM OPINION AND ORDER: (1) Plaintiffs' 7 Motion to Remand is GRANTED. (2) This action is remanded back to Powell County Circuit Court for further proceedings. (3) This matter is STRICKEN from the DOCKET. Signed by Judge Karen K. Caldwell on February 16, 2012. (AWD) cc: COR,Powell Circuit Court
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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF KENTUCKY CENTRAL DIVISION at LEXINGTON CIVIL ACTION NO. 11-347-KKC ALEX FUGATE, et al. PLAINTIFFS v. MEMORANDUM OPINION AND ORDER KROGER GROUP INC., et al. DEFENDANTS *** *** *** *** This matter is before the Court on the Plaintiffs Motion to Remand. [DE 7]. The Plaintiffs filed a Motion to Amend Complaint [DE 6] to add additional non-diverse defendants. At the same time, the Plaintiffs filed a Motion to Remand because if their Motion to Amend was granted, there would no longer be complete diversity and this Court would lack subject-matter jurisdiction. Kroger objected to the Motion to Amend and the Motion to Remand, but did not clearly state its legal grounds for the objection. [DE 15]. The Court granted the Motion to Amend. [DE 16]. The Plaintiffs then filed their First Amended Complaint stating that the new named Defendants are citizens of Kentucky. [DE 17 at 2-3]. Absent a clear legal objection to the Motion to Remand stating the grounds in opposition, the Court will GRANT the Motion to Remand because complete diversity no longer exists. It is ORDERED that: 1) Plaintiffs Motion to Remand [DE 7] is GRANTED; 2) This action is remanded back to the Powell County Circuit Court for further proceedings; and 3) This matter is STRICKEN from the DOCKET. Dated this 16th day of February, 2012.
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