ORDER ON JOINT MOTION TO REMAND

C. ASHLEY ROYAL, Senior District Judge.

Before the Court is the parties' Joint Motion to Remand this premises liability action to the State Court of Athens-Clarke County, Georgia. Plaintiff filed this action on January 21, 2019, in the State Court of Athens-Clarke County seeking damages from an alleged trip and fall due to Defendants' negligence and negligence per se in maintaining its premises. Defendants removed the action to this Court on February 22, 2019, pursuant to the Court's diversity jurisdiction, and six days later, on February 28, 2019, the parties filed the Joint Motion to Remand currently before the Court.

Although the Court does not have discretion to remand a properly removed action simply because both parties consent to remand,1 the Court must remand a case it lacks jurisdiction to consider.2 In their Motion, the parties all agree that Defendants are not the proper parties to this action. They further agree the proper defendant is a Georgia corporation and once formally substituted will destroy diversity of citizenship between the parties and thus this Court's jurisdiction to consider the case. They ask the Court to remand this case to state court so that the parties can substitute the proper parties and transfer the case to the proper venue. Because this Court will lack jurisdiction over this case once the proper defendant is named, the parties' Joint Motion to Remand [Doc. 5] is GRANTED. Pursuant to 28 U.S.C. § 1447(c), the case is hereby REMANDED to the state forum for further proceedings. The Clerk of the Court is hereby DIRECTED to forward a certified copy of this Final Order of Remand to the Clerk of the State Court of Athens-Clarke County, Georgia, Civil Action No. ST19CV0028.

SO ORDERED.