Estate of Green v. Mariner Health Care, Inc.

Full title: THE ESTATE OF SUSIE H. GREEN, ET AL., Plaintiff, v. MARINER HEALTH CARE…

Court: United States District Court, N.D. Mississippi, Greenville Division

Date published: Jul 12, 2006

Civil Action No. 4:04cv344-p-b (N.D. Miss. Jul. 12, 2006)

Opinion

Civil Action No. 4:04cv344-p-b.

July 12, 2006

ORDER OF REMAND

W. PEPPER JR., District Judge

This matter comes before the court upon Plaintiff's Motion to Remand [18-1]. After due consideration of the defendant's notice of removal and the plaintiff's motion to remand — no response to the motion to remand having been filed — the court finds as follows, to-wit:

Pursuant to the Fifth Circuit's decision in Gray v. Beverly Enterprises-Mississippi, Inc., 390 F.3d 400 (5^th Cir. (Miss.) 2004), the motion to remand is well-taken and should be granted. Essentially, the Court in Gray held that contrary to the defendants' argument for removal in this case, "it is at least reasonable to expect that a Mississippi court might find that the allegations of the in-state defendants' malfeasance and nonfeasance are sufficient to state a claim under state law." Id. at 410. Thus, pursuant to Travis v. Irby, 326 F.3d 644, 647 (5^th Cir. 2003), the plaintiff has demonstrated that there is a reasonable basis for predicting that she will recover against the Mississippi administrator-defendants in state court. Accordingly, the defendants cannot meet their burden in proving improper joinder to justify removal in this case.

IT IS THEREFORE ORDERED AND ADJUDGED that:

(1) Plaintiff's Motion to Remand [18-1] is GRANTED; therefore,

(2) This case is REMANDED to the Circuit Court of Leflore County, Mississippi from whence it came; and

(3) This case is CLOSED.

SO ORDERED.