Reynolds v. Service Corporation International, 5:19-CV-115 (MTT). (2019)
Court: District Court, M.D. Georgia
Number: infdco20190717b23
Visitors: 3
Filed: Jul. 16, 2019
Latest Update: Jul. 16, 2019
Summary: ORDER MARC T. TREADWELL , District Judge . This case was removed from the State Court of Bibb County by former Defendant Service Corporation International on the basis of diversity jurisdiction. Docs. 1; 6. Diversity jurisdiction exists when "the matter in controversy exceeds the sum or value of $75,000 . . . and is between . . . citizens of different States." 28 U.S.C. 1332. Plaintiff Lillie Mae Reynolds subsequently moved to substitute SCI for Alderwoods as a defendant, which the Court
Summary: ORDER MARC T. TREADWELL , District Judge . This case was removed from the State Court of Bibb County by former Defendant Service Corporation International on the basis of diversity jurisdiction. Docs. 1; 6. Diversity jurisdiction exists when "the matter in controversy exceeds the sum or value of $75,000 . . . and is between . . . citizens of different States." 28 U.S.C. 1332. Plaintiff Lillie Mae Reynolds subsequently moved to substitute SCI for Alderwoods as a defendant, which the Court ..
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ORDER
MARC T. TREADWELL, District Judge.
This case was removed from the State Court of Bibb County by former Defendant Service Corporation International on the basis of diversity jurisdiction. Docs. 1; 6. Diversity jurisdiction exists when "the matter in controversy exceeds the sum or value of $75,000 . . . and is between . . . citizens of different States." 28 U.S.C. § 1332. Plaintiff Lillie Mae Reynolds subsequently moved to substitute SCI for Alderwoods as a defendant, which the Court granted. Docs. 16; 27. With the substitution of SCI for Alderwoods as a defendant, diversity jurisdiction no longer exists because Reynolds and Alderwoods are citizens of Georgia. Docs. 6-1 ¶ 1; 16-1 at 5. The Court then ordered Alderwoods to show cause why this case should not be remanded. Doc. 27. Alderwoods responded that it "cannot show cause as to why this case should not be remanded[.]" Doc. 31 at 1.
Pursuant to 28 U.S.C. § 1447(c), a district court may remand a case sua sponte when the court lacks subject matter jurisdiction. Corp. Mgmt. Advisors, Inc. v. Artjen Complexus, Inc., 561 F.3d 1294, 1296 (11th Cir. 2009). Accordingly, the Court REMANDS the case to the State Court of Bibb County.
SO ORDERED
Source: Leagle
