Opinion
Case No: 2:14-cv-435-FtM-38DNF
06-15-2015
RHILLA LOUSE ZEBROOK, Plaintiff, v. JOSEPH G. ZEBROOK, Defendant.
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This matter comes before the Court on Sua Sponte Review of the Docket Sheet. On August 6, 2014, the Defendant Joseph G. Zerook removed the instant case from the Circuit Court in and for Madison County, Alabama to this Court pursuant to 28 U.S.C. § 1441(a). (Doc. #1).
Jurisdictionally, removal is governed by Title 28 U.S.C. § 1441(a), which provides that a defendant may remove an action to federal court only if the district court has jurisdiction based on diversity of citizenship of the parties or federal question. "Because removal jurisdiction raises significant federalism concerns, federal courts are directed to construe removal statutes strictly." Hernando Pasco Hospice, Inc. v. Meritain Health, Inc., 2013 WL 3350886, *2 (M.D. Fla. July 2, 2013) (quoting Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 411 (11th Cir.1999)). In removal actions, the removing party bears the burden of establishing jurisdiction. Hernando Pasco Hospice, 2013 WL 3350886, at *2 (citing Diaz v. Sheppard, 85 F.3d 1502, 1505 (11th Cir.1996)). Any jurisdictional uncertainties are resolved in favor of remand. Burns v. Windsor Ins. Co., 31 F.3d 1092, 1095 (11th Cir.1994). The removing party's burden of proof is therefore a heavy one. Hernando Pasco Hospice, 2013 WL 3350886, at *2.
Twenty-Eight 1441(a) reads in pertinent part:
(a) Generally.—Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the district and division embracing the place where such action is pending.Based upon the language in the statute, the proper venue for removal of this case would be the United States District Court for the Northern District of Alabama. Therefore, the case was improperly removed and is due to be remanded.
Accordingly, it is now ORDERED:
1. This case is hereby REMANDED to the Circuit Court in and for Madison County, Alabama and the Clerk of the Court is directed to transmit a certified copy of this Order to the Clerk of that Court.
2. The Clerk of the Court is further directed to terminate all pending motions and deadlines, and close the file.
DONE and ORDERED in Fort Myers, Florida this 15th day of June, 2015.
/s/ _________
SHERI POLSTER CHAPPELL
UNITED STATES DISTRICT JUDGE
Copies: All Parties of Record