Empirian Health, LLC v. Polaris Pharmacy Services, LLC
| Empirian Health, LLC |
| Polaris Pharmacy Services, LLC |
| 2:2023cv00591 |
| October 4, 2023 |
| US District Court for the Middle District of Alabama |
| Jerusha T Adams |
| Myron H Thompson |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| None |
Docket Report
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Filing 10
ORDER: The parties having requested orally and via email to court staff that this case be remanded to the state court because, given the citizenship of the members of the plaintiff and defendant limited liability companies, diversity jurisdiction cannot be established, and based on these representations of the parties, it is the ORDER, JUDGMENT, and DECREE of the court that: (1) Pursuant to 28 U.S.C. 1447(c), this cause is remanded to the Circuit Court of Montgomery County, Alabama. (2) All pending motions are denied as moot. The clerk of the court is DIRECTED to take appropriate steps to effect the remand. This case is closed in this court. Signed by Honorable Judge Myron H. Thompson on 10/20/2023. Copy mailed to Circuit Court of Montgomery County, AL as directed. (dmn, )
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Filing 9
ORDER: The allegations of the #1 Notice of Removal are insufficient to invoke this court's removal jurisdiction under 28 U.S.C. 1332 (diversity ofcitizenship) and 1441 (removal). The removal notice is insufficient because it does not properly indicate the citizenship of either plaintiff Empirian Health, LLC or defendant Polaris Pharmacy Services, LLC, both of which are alleged to be limited liability companies. It is therefore the ORDER, JUDGMENT, and DECREE of the court that the removing defendant has until 11/2/2023, to amend the notice of removal to allege jurisdiction sufficiently, see 28 U.S.C. 1653; otherwise, this lawsuit shall be remanded to state court. Signed by Honorable Judge Myron H. Thompson on 10/19/2023. (dmn, )
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| Filing 8 NOTICE of Conventional Filing by Polaris Pharmacy Services, LLC re #1 Notice of Removal, #2 MOTION to File Exhibit Under Seal. (Attachments: #1 Exhibit B (FILED UNDER SEAL))(amf, ) |
| Filing 7 Case Assigned to Honorable Judge Myron H. Thompson as Presiding Judge and Magistrate Judge Jerusha T. Adams as Referral Judge. (amf, ) |
| COMPLAINT against Polaris Pharmacy Services, LLC, filed by Empirian Health, LLC. (No PDF attached to this entry - See doc #1 - 2 at page 7 for PDF)(amf, ) |
| Filing 6 Corporate/Conflict Disclosure Statement by Polaris Pharmacy Services, LLC. (McNeill, James) (Main Document 6 replaced on 10/5/2023 to attach corrected PDF to include case number) (amf, ). Modified on 10/5/2023 (amf, ). |
| Filing 5 MOTION to Stay by Polaris Pharmacy Services, LLC. (McNeill, James) (Main Document 5 replaced on 10/5/2023 to attach corrected PDF to include case number) (amf, ). Modified on 10/5/2023 (amf, ). |
| Filing 4 MOTION to Strike Fictitious Parties by Polaris Pharmacy Services, LLC. (McNeill, James) (Main Document 4 replaced on 10/5/2023 to attach corrected PDF to include case number) (amf, ). Modified on 10/5/2023 (amf, ). |
| Filing 3 ANSWER to Complaint , COUNTERCLAIM against Empirian Health, LLC by Polaris Pharmacy Services, LLC.(McNeill, James) (Main Document 3 replaced on 10/5/2023 to attach corrected PDF to include case number) (amf, ). Modified on 10/5/2023 (amf, ). |
| Filing 2 MOTION to File Exhibit Under Seal by Polaris Pharmacy Services, LLC. (McNeill, James) (Main Document 2 replaced on 10/5/2023 to attach corrected PDF to include case number) (amf, ). Modified on 10/5/2023 (amf, ). |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of Montgomery County, Alabama, case number 03-CV-2023-901169.00. ( Filing fee $ 402, receipt number AALMDC-3516148) , filed by Polaris Pharmacy Services, LLC. (Attachments: #1 Civil Cover Sheet )(McNeill, James) (Main Document 1 replaced on 10/4/2023 to separate the main PDF from the exhibits) (amf, ). (Additional attachment(s) added on 10/4/2023: #2 Exhibit A - State Court Record, #3 Exhibit B (Filed Under Seal), #4 Exhibit C, #5 Exhibit D) (amf, ). Modified on 10/5/2023 (amf, ). |
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