Cory v. Wal-Mart Stores E. LP.

Full title: NORMA CORY, Plaintiff, v. WAL-MART STORES EAST, LP, Defendant.

Court: United States District Court, Middle District of Florida

Date published: Sep 10, 2021

2:21-cv-407-SPC-NPM (M.D. Fla. Sep. 10, 2021)

Opinion

2:21-cv-407-SPC-NPM

09-10-2021

NORMA CORY, Plaintiff, v. WAL-MART STORES EAST, LP, Defendant.

SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE

ORDER ¹

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SHERI POLSTER CHAPPELL, UNITED STATES DISTRICT JUDGE

Before the Court are Plaintiff's Motion for Leave to Amend and Motion for Remand (Doc. 20) and the parties' Agreed Joint Motion to Remand (Doc. 24). After receiving some discovery, Plaintiff moved to amend and assert a claim against Defendant's employee too. That employee would destroy diversity-necessitating remand. Now, Defendant clarifies the relevant employee was different than who Plaintiff identified. Nonetheless, Defendant agrees with amendment and remand.

Given the parties' agreement and judicial economy, the Court will grant Plaintiff's Motion to Amend in part and grant the Joint Motion to Remand. The Court accepts the proposed amended complaint (Doc. 24-1) as the operative pleading. Because the new Defendant destroys diversity, remand is proper. As a final note, the Court appreciates counsel's ability to work together and resolve this matter without Court intervention. Accordingly, it is now ORDERED:

1. Plaintiffs Motion for Leave to Amend Complaint and Motion for Remand (Doc. 20) is GRANTED in part.

The Clerk is DIRECTED to file the Amended Complaint (Doc. 24-1) on the docket as a separate entry.

2. The parties' Agreed Joint Motion to Remand to State Court (Doc. 24) is GRANTED.

a. The action is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida.

b. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of that Court.

c. The Clerk is DIRECTED to deny any pending motions, terminate all deadlines, and close this case.

DONE and ORDERED.