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EUFAULA DRUGS, INC. v. TMESYS, INC.

Civil Action No. 2:05cv300-MHT.

432 F.Supp.2d 1240 (2006)

EUFAULA DRUGS, INC., Plaintiff, v. TMESYS, INC., Defendant.

United States District Court, M.D. Alabama, Northern Division.

May 22, 2006.

Attorney(s) appearing for the Case

James Michael Terrell, Robert G. Methvin, Jr., McCallum Methvin & Terrell PC, Birmingham, AL, Kenneth Evan Riley, Farris, Riley & Pitt, LLP, Birmingham, AL, Richard A. Harrison, Eufaula, AL, for Plaintiff.

Adam Schwartz, David Matthew Allen, Carlton Fields, PA, Tampa, FL, Thomas Louis Coppedge, Maynard, Cooper & Gale, P.C., Birmingham, AL, for Defendant.

OPINION

MYRON H. THOMPSON, District Judge.

This lawsuit is before the court on plaintiff Eufaula Drugs, Inc.'s motion to remand to state court for want of subject-matter jurisdiction. The motion will be granted.

I. REMOVAL-AND-REMAND STANDARDS

"While a defendant does have a right, given by statute, to remove in certain situations, plaintiff is still the master of his own claim." Burns v. Windsor Ins. Co., 31 F.3d...

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