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08-1009 - Reata Petroleum, Ltd et al v. ESM Limited et al


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08-1009 - Reata Petroleum, Ltd et al v. ESM Limited et al
October 15, 2008
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ORDER: The Emergency Motion to Remand 3 filed by plaintiff Harish Raghavan is well-taken and is, therefore, GRANTED. The Notice of Removal and Civil Cover Sheet state that defendant Sean Hornbeck, who removed the case, is a citizen and resident of the State of Tennessee. Because this action was removed based on diversity of citizenship only, removal is inappropriate under 28 U.S.C. ยง 1441(b) because defendant Hornbeck is a "citizen of the State in which such action is brought," namely Tennessee. The Clerk shall REMAND this case to the Chancery Court for Davidson County, Tennessee, from whence it was improperly removed. It is so ORDERED. Signed by District Judge Aleta A. Trauger on 10/15/08. (af)