Ward v. Ford Motor Company, 2:20-cv-100-FtM-38NPM. (2020)
Court: District Court, M.D. Florida
Number: infdco20200306c07
Visitors: 2
Filed: Mar. 05, 2020
Latest Update: Mar. 05, 2020
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Ford Motor Company's Response to Order to Show Cause and Supplement to Notice of Removal (Doc. 7). Ford presents evidence showing that Enterprise Holdings LLC—a defendant that destroys diversity—is not a proper party to this case. Ford suggests that Plaintiff Sean Ward intended to instead sue Enterprise Rent-A-Car Company and/or Enterprise Holdings, Inc., both Missouri corporations. If Ford is correct, Ward
Summary: OPINION AND ORDER 1 SHERI POLSTER CHAPPELL , District Judge . Before the Court is Ford Motor Company's Response to Order to Show Cause and Supplement to Notice of Removal (Doc. 7). Ford presents evidence showing that Enterprise Holdings LLC—a defendant that destroys diversity—is not a proper party to this case. Ford suggests that Plaintiff Sean Ward intended to instead sue Enterprise Rent-A-Car Company and/or Enterprise Holdings, Inc., both Missouri corporations. If Ford is correct, Ward s..
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OPINION AND ORDER1
SHERI POLSTER CHAPPELL, District Judge.
Before the Court is Ford Motor Company's Response to Order to Show Cause and Supplement to Notice of Removal (Doc. 7). Ford presents evidence showing that Enterprise Holdings LLC—a defendant that destroys diversity—is not a proper party to this case. Ford suggests that Plaintiff Sean Ward intended to instead sue Enterprise Rent-A-Car Company and/or Enterprise Holdings, Inc., both Missouri corporations. If Ford is correct, Ward should amend his complaint to name the correct defendants. But if Ward has sued the correct parties, he should address the fraudulent joinder issue in a motion to remand.
Accordingly, it is now
ORDERED:
Plaintiff Sean Ward is ORDERED to do one of the following on or before March 19, 2020: (1) amend his complaint to name the correct defendants or (2) file a motion to remand.
DONE and ORDERED.
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Source: Leagle
