Sedgwick v. Walgreen Co., 6:18-cv-1661-Orl-40DCI. (2019)
Court: District Court, M.D. Florida
Number: infdco20190528928
Visitors: 5
Filed: May 24, 2019
Latest Update: May 24, 2019
Summary: ORDER PAUL G. BYRON , District Judge . This cause comes before the Court upon Plaintiff's Motion for Reconsideration of the Motion to Remand (Doc. 33 ("the "Motion")), which the Court construes as a renewed motion to remand. Upon review, the Motion is due to be granted. This suit was removed to this Court on October 4, 2018. (Doc. 1). On December 31, 2018, Plaintiff moved for leave of Court to file a second amended complaint ("SAC") adding a new party, and to remand based upon diversity b
Summary: ORDER PAUL G. BYRON , District Judge . This cause comes before the Court upon Plaintiff's Motion for Reconsideration of the Motion to Remand (Doc. 33 ("the "Motion")), which the Court construes as a renewed motion to remand. Upon review, the Motion is due to be granted. This suit was removed to this Court on October 4, 2018. (Doc. 1). On December 31, 2018, Plaintiff moved for leave of Court to file a second amended complaint ("SAC") adding a new party, and to remand based upon diversity be..
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ORDER
PAUL G. BYRON, District Judge.
This cause comes before the Court upon Plaintiff's Motion for Reconsideration of the Motion to Remand (Doc. 33 ("the "Motion")), which the Court construes as a renewed motion to remand. Upon review, the Motion is due to be granted.
This suit was removed to this Court on October 4, 2018. (Doc. 1). On December 31, 2018, Plaintiff moved for leave of Court to file a second amended complaint ("SAC") adding a new party, and to remand based upon diversity being destroyed post-amendment. (Doc. 17). The Court granted in part and denied in part this motion, granting Plaintiff leave to file the SAC, but noting that the proposed SAC contained insufficient jurisdictional allegations as to the newly added defendant. (Doc. 18). Plaintiff next filed the SAC and remedied the jurisdictional deficiency identified by the Court. (Doc. 19). Now, Plaintiff moves to remand this action because diversity of citizenship no longer exists to support the Court's subject matter jurisdiction. (Doc. 33). The Motion is not opposed. (Id.).
Accordingly, it is ORDERED AND ADJUDGED as follows:
1. Plaintiff's Renewed Motion to Remand (Doc. 33) is GRANTED.
2. This case is remanded to the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida.
3. The Clerk of Court is DIRECTED to send a certified copy of this Order to the Clerk of Court for the Circuit Court of the Eighteenth Judicial Circuit in and for Seminole County, Florida.
4. The Clerk of Court is thereafter DIRECTED to terminate all pending deadlines and close the file.
Source: Leagle
