DeWEESE v. DORAN, 3:15-cv-32-J-32JRK. (2015)
Court: District Court, M.D. Florida
Number: infdco20150923975
Visitors: 20
Filed: Sep. 22, 2015
Latest Update: Sep. 22, 2015
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case comes before the Court on pro se Plaintiff Ron DeWeese's Opposed Motion to Remand (Doc. 16). Remand appears appropriate based on 28 U.S.C. 1441(b)(2), which prohibits removal based on diversity jurisdiction "if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." ( See Doc. 32 at 5.) Defendants Doran and Cozine were properly joined and served at the tim
Summary: ORDER TIMOTHY J. CORRIGAN , District Judge . This case comes before the Court on pro se Plaintiff Ron DeWeese's Opposed Motion to Remand (Doc. 16). Remand appears appropriate based on 28 U.S.C. 1441(b)(2), which prohibits removal based on diversity jurisdiction "if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." ( See Doc. 32 at 5.) Defendants Doran and Cozine were properly joined and served at the time..
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ORDER
TIMOTHY J. CORRIGAN, District Judge.
This case comes before the Court on pro se Plaintiff Ron DeWeese's Opposed Motion to Remand (Doc. 16). Remand appears appropriate based on 28 U.S.C. § 1441(b)(2), which prohibits removal based on diversity jurisdiction "if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought." (See Doc. 32 at 5.) Defendants Doran and Cozine were properly joined and served at the time of removal and are alleged to be citizens of Florida. (Doc. 1 ¶¶ 5-6; Doc. 2 ¶¶ 2, 5; Doc. 7-1.) The Court is therefore inclined to remand the case to the Fourth Judicial Circuit in and for Duval County, Florida (where the case was first filed) unless the defendants can show cause why it should not do so.
Accordingly, it is hereby ORDERED that, on or before September 29, 2015, the defendants shall show cause why this case should not be remanded for the reasons set forth above, or the case will be thereafter remanded to the Fourth Judicial Circuit in and for Duval County, Florida without further notice.
DONE AND ORDERED.
Source: Leagle
