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Walker v. Scales

United States District Court, N.D. Mississippi, Aberdeen Division

February 20, 2014

WILBUR WALKER, Plaintiff,
v.
TIFFANY SCALES AND SAFEWAY INSURANCE COMPANY, Defendants.

ORDER

SHARION AYCOCK, District Judge.

Pursuant to a memorandum opinion issued this day, Plaintiff's Motion to Remand to State Court [4] and the parties' Joint Motion to Remand to State Court [7] are GRANTED IN PART AND DENIED IN PART. Federal subject matter jurisdiction pursuant to 28 U.S.C. ยง 1332 is present with regard to Plaintiff's claims against Defendant Safeway Insurance Company, and the Court shall retain jurisdiction over those claims. The amount in controversy existing at the time of removal exceeded $75, 000, exclusive of interest and costs, and Plaintiff's claims against Defendant Tiffany Scales were fraudulently misjoined and must be severed from Plaintiff's claims against Safeway. As Scales is a non-diverse defendant, Plaintiff's claims against her shall be REMANDED to the County Court of Lee County, Mississippi.

SO ORDERED.


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