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GARCIA v. PREMIER HOME FURNISHINGS

Civil Action No. 2:12cv167-KS-MTP.

FRANCISCO CHOMYO GARCIA, II, INDIVIDUALLY AND ON BEHALF OF THE ESTATE OF VICTORIA AVA LYNN GARCIA, DECEASED AND ANY AND ALL WRONGFUL DEATH BENEFICIARIES OF VICTORIA AVA LYNN GARCIA, DECEASED, Plaintiff, v. PREMIER HOME FURNISHINGS, TERRY HOOD D/B/A AMERICAN HERITAGE OF ALABAMA, HOUSTON WOOD PRODUCTS, INC. AND JOHN DOE DEFENDANTS 1-10, Defendants.

United States District Court, S.D. Mississippi, Hattiesburg Division.

August 6, 2013.

Attorney(s) appearing for the Case

Francisco Chomyo Garcia, II, Plaintiff, represented by Haynes Alex Brinkley , BRINKLEY LAW FIRM.

Houston Wood Products, Inc., Defendant, represented by Clyde X. Copeland, III , JERNIGAN COPELAND & ANDERSON PLLC, Adam R. de Nobriga , JERNIGAN COPELAND & ANDERSON PLLC & John S. Graham , JERNIGAN COPELAND & ANDERSON PLLC.

MEMORANDUM OPINION AND ORDER

KEITH STARRETT, District Judge.

This cause is before the Court on the Plaintiff's Motion to Remand. Plaintiff argues that this Court lacks subject matter jurisdiction because the parties are not diverse. The Defendants argue that Premier Home Furnishings ("Premier") was improperly joined for the sole purpose of defeating diversity and, thus, should be disregarded when determining diversity. Having considered...

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