Opinion
7:24-CV-00034-WLS
04-22-2024
RALPH T. SPENCER, an individual through his legal guardian Christie Spencer Plaintiff, v. MULCH MANUFACTURING, INC., an Ohio corporation; SUSTAINABLE GREEN TEAM, LTD, a Delaware Corporation; and Unknown Tenants.
MOORE, CLARKE, DUVALL & RODGERS, P.C. Isl James H Edge JAMES H. EDGE Ga. Bar No.: 159048 D. BRADLEY FOLSOM Ga. Bar No.: 267302 Allomeys for the Defendants BAKER & HOSTETLER LLP Kurt E. Lentz KURT E. LENTZ (Bar No. 804355) JARVARUS A. GRESHAM (Bar No.873933) BAKER & HOSTETLER LLP Attorneys for Plaintiff Ralph Spencer, an individual through his legal guardian, Christie Spencer
MOORE, CLARKE, DUVALL & RODGERS, P.C.
Isl James H Edge
JAMES H. EDGE
Ga. Bar No.: 159048
D. BRADLEY FOLSOM
Ga. Bar No.: 267302
Allomeys for the Defendants
BAKER & HOSTETLER LLP
Kurt E. Lentz
KURT E. LENTZ (Bar No. 804355)
JARVARUS A. GRESHAM (Bar No.873933)
BAKER & HOSTETLER LLP
Attorneys for Plaintiff Ralph Spencer, an individual through his legal guardian, Christie Spencer
JOINT STIPULATION TO REMAND
W. Louis Sands, Sr. Judge United States District Court
Plaintiff, Ralph T. Spencer, by and through his legal guardian Christie Spencer, (“Spencer”) and Defendants, Mulch Manufacturing, Inc. (“MMI”) and Sustainable Green Team Limited (“SGTM”) stipulate as follows:
1. On March 19, 2024, Spencer commenced an action in the Superior Court of Clinch County, Georgia entitled Spencer v. Mulch Manufacturing, Inc., et al., Case No.: 24CV-046 (“State Court Action”).
2. That same day, Spencer filed a Motion for Interlocutory Injunction and Emergency Hearing in the State Court Action, (Doc. 1-4). The Superior Court of Clinch County, Georgia set Spencer's Motion for Interlocutory Injunction and Emergency Hearing for emergency hearing on April 23, 2024.
3. On April 18, 2024, Defendants, MMI and SGTM, filed a Notice of Removal (Doc. 1) removing the action to this Court alleging diversity of citizenship under 28 U.S.C. § 1332.
4. Following the Notice of Removal, counsel for Spencer conferred with counsel for SGTM and MMI regarding facts demonstrating that SGTM has a Florida principal place of business and that Spencer is a citizen of Florida.
5. After that conferral, Spencer and MMI and SGTM agreed that, although SGMT is a Delaware corporation and maintains a corporate office in New York, diversity of citizenship under 28 U.S.C. § 1332 likely does not exist here; therefore, Spencer, MMI, and SGTM stipulate that the matter should be remanded back to the Superior Court of Clinch County, Georgia.
WHEREFORE, Spencer, MMI, and SGTM respectfully stipulate and request that the Court remand this action back to the Superior Court of Clinch County, Georgia.
SO ORDERED.