Filed: Oct. 31, 2018
Latest Update: Oct. 31, 2018
Summary: MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Plaintiff Archie R. Henderson filed this personal injury action in the District Court of Johnson County, Kansas against defendants Keith R. Hollingshead and Five Star Trucking, LLC. Defendants removed the action to this court, citing diversity jurisdiction as the sole basis for subject matter jurisdiction. See 28 U.S.C. 1332. On October 18, 2018, the court ordered defendants to show cause why this court had diversity jurisdiction
Summary: MEMORANDUM AND ORDER CARLOS MURGUIA , District Judge . Plaintiff Archie R. Henderson filed this personal injury action in the District Court of Johnson County, Kansas against defendants Keith R. Hollingshead and Five Star Trucking, LLC. Defendants removed the action to this court, citing diversity jurisdiction as the sole basis for subject matter jurisdiction. See 28 U.S.C. 1332. On October 18, 2018, the court ordered defendants to show cause why this court had diversity jurisdiction o..
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MEMORANDUM AND ORDER
CARLOS MURGUIA, District Judge.
Plaintiff Archie R. Henderson filed this personal injury action in the District Court of Johnson County, Kansas against defendants Keith R. Hollingshead and Five Star Trucking, LLC. Defendants removed the action to this court, citing diversity jurisdiction as the sole basis for subject matter jurisdiction. See 28 U.S.C. § 1332.
On October 18, 2018, the court ordered defendants to show cause why this court had diversity jurisdiction over the case. Defendants responded the next day, and plaintiff also moved to remand the case to state court (Doc. 7). In plaintiff's motion, he argued that the forum defendant rule precludes removal to this court because defendants are Kansas residents. See 28 U.S.C. § 1441(b)(2).
In response to plaintiff's motion, defendants filed a Stipulation to Remand (Doc. 8) (which was actually filed as a motion), agreeing that the matter should be remanded to the District Court for Johnson County, Kansas.
The court determines that this case should be remanded, and therefore grants both motions.
IT IS THEREFORE ORDERED plaintiff's Motion to Remand (Doc. 7) and defendants' motion titled "Stipulation to Remand" (Doc. 8) are granted. This case is remanded to the District Court for Johnson County, Kansas.
