Filed: Dec. 21, 2017
Latest Update: Dec. 21, 2017
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . This lawsuit, which was removed from state to federal court based on diversity-of-citizenship jurisdiction, 28 U.S.C. 1332, 1441, & 1446, is now before the court on plaintiffs' motion to remand. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraud
Summary: OPINION AND ORDER MYRON H. THOMPSON , District Judge . This lawsuit, which was removed from state to federal court based on diversity-of-citizenship jurisdiction, 28 U.S.C. 1332, 1441, & 1446, is now before the court on plaintiffs' motion to remand. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudu..
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OPINION AND ORDER
MYRON H. THOMPSON, District Judge.
This lawsuit, which was removed from state to federal court based on diversity-of-citizenship jurisdiction, 28 U.S.C. §§ 1332, 1441, & 1446, is now before the court on plaintiffs' motion to remand. "In a removal case alleging fraudulent joinder, the removing party has the burden of proving that either: (1) there is no possibility the plaintiff can establish a cause of action against the resident defendant; or (2) the plaintiff has fraudulently pled jurisdictional facts to bring the resident defendant into state court. . . . The burden of the removing party is a `heavy one.'" Crowe v. Coleman, 113 F.3d 1536, 1538 (11th Cir. 1997) (citations omitted).
The court agrees with plaintiffs that this case should be remanded to state court because there has been no fraudulent joinder. See Cabalceta v. Standard Fruit Co., 883 F.2d 1553, 1561 (11th Cir. 1989).
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Accordingly, it is the ORDER, JUDGMENT, and DECREE of the court that plaintiffs' motion to remand (doc. no. 15) is granted and that, pursuant to 28 U.S.C. § 1447(c), this cause is remanded to the Circuit Court of Barbour County, Alabama.
It is further ORDERED that any and all other pending motions are left for disposition by the state court after remand.
The clerk of the court is DIRECTED to take appropriate steps to effect the remand.
This case is closed in this court.
