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16-921 - Alexander v. Whaley et al


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16-921 - Alexander v. Whaley et al
February 21, 2017
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MEMORANDUM OPINION AND ORDER: For reasons discussed, the court concludes that it lacked subject matter jurisdiction at the time of removal because there was no fraudulent misjoinder of the nondiverse Defendant, and even if there is related to jurisdiction, mandatory abstention is required. Accordingly, because the Eleventh Circuit favors remand where federal jurisdiction is not absolutely clear, it is hereby ORDERED that the Motion to Remand (Doc. #10) is GRANTED. It is further ORDERED that Defendants' Motion for a Directed Reference to the United States Bankruptcy Court for the Middle District of Alabama, (Doc. # 5), which was previously held in abeyance until resolution of this Motion to Remand, is DENIED as moot. All other pending motions are left for disposition by the state court. The Clerk is DIRECTED to take the necessary steps to remand this case to the Circuit Court of Montgomery, Alabama. Signed by Honorable Judge W. Harold Albritton, III on 2/21/2017. (kh, )