THE STATE OF INDIANA, ex rel. HARMEYER v. THE KROGER CO. et al
THE STATE OF INDIANA, ex rel. HARMEYER |
KRGP, INC., KROGER LIMITED PARTNERSHIP I, PAY LESS SUPER MARKETS, INC., RALPHS GROCERY COMPANY and THE KROGER CO. |
Michael D Harmeyer |
1:2017cv00538 |
February 21, 2017 |
US District Court for the Southern District of Indiana |
Indianapolis Office |
Debra McVicker Lynch |
Jane Magnus-Stinson |
Other Fraud |
28 U.S.C. ยง 1332 Diversity-Petition for Removal |
None |
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Filing 32 ORDER - On February 21, 2017, Defendants The Kroger Co., Kroger Limited Partnership I, KRGP, Inc., Pay Less Super Markets, Inc., and Ralphs Grocery Company filed a Notice of Removal in which they claimed that this case could be removed to this Cou rt on the basis of diversity jurisdiction. [Filing No. 1 .] In a February 23, 2017 Order, the Court identified several deficiencies with the Notice of Removal and ordered Defendants to either file an Amended Notice of Removal addressing the defic iencies, or to file a Motion to Remand this action to state court. [Filing No. 11 .] Defendants filed an Amended Notice of Removal on March 3, 2017, [Filing No. 14 ], and Relator Michael Harmeyer filed his response to the Amended Notice of Remov al pursuant to S.D. Ind. Local Rule 81-1 on March 20, 2017, [Filing No. 20 ]. For the reasons stated in this Order, Relator Harmeyer's Motion to Remand, [Filing No. 20 ], is GRANTED and this matter is REMANDED to the Marion Superior Court. (See Order). Signed by Judge Jane Magnus-Stinson on 6/13/2017.(APD) |
Filing 27 ORDER - Mr. Harmeyer does not directly request that the Court remand this matter in his Response to Defendants' Amended Notice of Removal, the Court will treat the Response, 20 , as a Motion to Remand, and will consider Defendants' Reply in Support of Notice of Removal, 25 , to be a response to the Motion to Remand. Mr. Harmeyer shall have until April 20, 2017 to file a reply brief in support of remand. SEE ORDER. Signed by Judge Jane Magnus-Stinson on 4/13/2017.(JRB) |
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