GRIFFIN v. SAM'S EAST, INC., 4:15CV1160 CDP. (2016)
Court: District Court, E.D. Missouri
Number: infdco20160128e60
Visitors: 4
Filed: Jan. 27, 2016
Latest Update: Jan. 27, 2016
Summary: MEMORANDUM AND ORDER OF REMAND CATHERINE D. PERRY , District Judge . On January 20, 2016, I ordered defendants to show cause why plaintiffs' motion to amend should not be granted and this case should not be remanded to state court. In response, defendants have filed an opposition challenging the propriety of joining Laurie Portell as a defendant. However, defendants offer no opposition to the substitution of the John Doe defendants and concede that the proposed addition of these defendants
Summary: MEMORANDUM AND ORDER OF REMAND CATHERINE D. PERRY , District Judge . On January 20, 2016, I ordered defendants to show cause why plaintiffs' motion to amend should not be granted and this case should not be remanded to state court. In response, defendants have filed an opposition challenging the propriety of joining Laurie Portell as a defendant. However, defendants offer no opposition to the substitution of the John Doe defendants and concede that the proposed addition of these defendants ..
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MEMORANDUM AND ORDER OF REMAND
CATHERINE D. PERRY, District Judge.
On January 20, 2016, I ordered defendants to show cause why plaintiffs' motion to amend should not be granted and this case should not be remanded to state court. In response, defendants have filed an opposition challenging the propriety of joining Laurie Portell as a defendant. However, defendants offer no opposition to the substitution of the John Doe defendants and concede that the proposed addition of these defendants will destroy diversity jurisdiction and result in the remand of this case to state court. Accordingly, for the reasons set out in my January 20, 2016, Memorandum and Order, the motion for leave to amend is granted and this case is remanded to state court. Whether or not Portell is properly joined as a defendant is an issue to be resolved by the state court.
Accordingly,
IT IS HEREBY ORDERED that plaintiffs' motion to amend [22] is granted and this case is remanded to the Circuit Court of St. Louis County, Missouri.
Source: Leagle
