Opinion
Civil Action 3:24-CV-344-KHJ-MTP
07-25-2024
UVC CLEANING SYSTEMS INC, PLAINTIFF v. ULTRAVIOLET CDE SANITATION LLC, et al., DEFENDANTS
ORDER
KRISTI H JOHNSON, UNITED STATES DISTRICT JUDGE
Before the Court is Plaintiff UVC Cleaning Systems Inc.'s (“UVC”) unopposed [5] Motion to Remand. The Court grants the motion.
On May 1, 2024, UVC brought a state-court breach-of-contract action against Ultraviolet CDE Sanitation LLC and Tony L. Gines (collectively “Defendants”). See Compl. [1-1] at 1. UVC is a Pennsylvania corporation with its principal place of business in Michigan. Pl.'s Mem. [7] ¶ 3. Defendants are Mississippi citizens. Id. ¶ 4; see also Notice of Removal [1] ¶ 4; [1-1] at 1.
Defendants removed the case from the County Court of Madison County, invoking this Court's diversity jurisdiction. See [1] ¶¶ 1, 5. UVC moves to remand because “Defendants . . . are domiciled in the forum state of Mississippi.” [7] ¶ 7. UVC relies on 28 U.S.C. § 1441(b)(2), which states that “[a] civil action otherwise removable solely on the basis of [diversity jurisdiction] may not be removed if any of the parties in interest properly joined and served as defendants is a citizen of the State in which such action is brought.” Id. ¶ 5. Defendants “do not oppose [UVC's] Motion to Remand.” Defs.' Resp. [9].
UVC is correct that the forum-defendant rule prevents removal of “an action on the basis of diversity of citizenship if . . . [any] defendant is a citizen of the forum state.” Pace v. Cirrus Design Corp., 630 F.Supp.3d 821, 824 (S.D.Miss. 2022), aff'd, 93 F.4th 879 (5th Cir. 2024) (quotation omitted). Here, both Defendants are citizens of the forum state-Mississippi. [1] ¶ 4; [1-1] at 1. Given this and the Defendants' lack of opposition, the Court grants UVC's [5] Motion to Remand.
Accordingly, the Court REMANDS the case to the County Court of Madison County.
SO ORDERED.