Myers v. Allstate Texas Lloyd's et al
Sherrie Myers |
Allstate Texas Lloyd's, Michelle Randolph and Jay Ayers |
1:2010cv00172 |
March 26, 2010 |
US District Court for the Eastern District of Texas |
Beaumont Office |
Marcia A. Crone |
Keith F. Giblin |
Insurance |
28 U.S.C. ยง 1441 Petition for Removal- Insurance Contract |
Plaintiff |
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Filing 17 MEMORANDUM OPINION AND ORDER RE PLAINTIFF'S MOTION TO REMAND. The Court finds that the removing defendant has not established that the plaintiff's state court petition provides "no reasonable basis for the district court to predict th at the plaintiff might be able to recover against an in-state defendant." The Court further finds that Ayers, a non-diverse defendant, was not improperly joined. Accordingly, the Court lacks subject matter jurisdiction as complete diversity of citizenship does not exist. The Clerk of Court is directed to remand this proceeding to the 128th District Court of Orange County, Texas, from which it was removed. All pending motions not addressed herein are denied as moot, without prejudice to refile. Signed by Magistrate Judge Keith F. Giblin on 3/8/11. (mrp, ) |
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