PALM PARKWAY DEVELOPMENT COMPANY, LLC v. GREYSTAR GP II, LLC, 6:13-cv-858-Orl-37DAB. (2013)
Court: District Court, M.D. Florida
Number: infdco20130614b74
Visitors: 3
Filed: Jun. 13, 2013
Latest Update: Jun. 13, 2013
Summary: ORDER ROY B. DALTON, Jr., District Judge. This cause is before the Court on its own motion. On June 6, 2013, the Court ordered Defendant to show cause by written response why this case should not be remanded to the state court for lack of subject matter jurisdiction. (Doc. 7.) As the Court explained in that Order, Defendant's Notice of Removal is deficient in that it fails to properly allege the citizenship of the parties. ( Id. ) Rather than providing proper citizenship allegations, Defendant
Summary: ORDER ROY B. DALTON, Jr., District Judge. This cause is before the Court on its own motion. On June 6, 2013, the Court ordered Defendant to show cause by written response why this case should not be remanded to the state court for lack of subject matter jurisdiction. (Doc. 7.) As the Court explained in that Order, Defendant's Notice of Removal is deficient in that it fails to properly allege the citizenship of the parties. ( Id. ) Rather than providing proper citizenship allegations, Defendant ..
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ORDER
ROY B. DALTON, Jr., District Judge.
This cause is before the Court on its own motion. On June 6, 2013, the Court ordered Defendant to show cause by written response why this case should not be remanded to the state court for lack of subject matter jurisdiction. (Doc. 7.) As the Court explained in that Order, Defendant's Notice of Removal is deficient in that it fails to properly allege the citizenship of the parties. (Id.) Rather than providing proper citizenship allegations, Defendant filed a notice that states it has no objection to remand. (Doc. 8.)
Defendant's notice does not address the issue that the Court directed Defendant to answer suggesting the absence of a good faith basis for removal. In any event, lack of subject matter jurisdiction is better identified sooner rather than later. Since the imposition of sanctions for improvident removal would likely engender additional litigation the Court will resist the temptation.
Accordingly, it is hereby ORDERED AND ADJUDGED:
1. This action is REMANDED to the Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, because of the lack of original subject matter jurisdiction.
2. The Clerk of Court is directed to send a certified copy of this Order to the Clerk of the County Court of the Ninth Judicial Circuit in and for Orange County, Florida, and to close this file thereafter.
DONE AND ORDERED.
Source: Leagle
