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Harris v. CSX Transportation

March 26, 2008

BRANDON HARRIS AND KRISTINA HARRIS HIS WIFE, PLAINTIFF,
v.
CSX TRANSPORTATION, INC., DB HOTALING, JULIE ROBINSON AND ELAINE BAILEY, DEFENDANT.



The opinion of the court was delivered by: Norman A. Mordue, Chief U.S. District Judge

ORDER REMANDING CASE TO STATE COURT

On March 26, 2008, this Court issued a Memorandum-Decision and Order in Bready v. CSX, et. al, Civil Case No. 5:07-CV-0826, granting plaintiffs' motion to remand the action to state court for lack of subject matter jurisdiction. The Court notes that plaintiffs in the above-referenced matter have made the identical motion made by plaintiffs in the Bready case based on identical legal and factual grounds given that the above-referenced action involves the same automobile accident, the same defendants, and the same lawyers involved in Bready. Based on the Court's decision in Bready, familiarity with which is assumed, and the Court's review of the removal and motion to remand papers which reveals the same jurisdictional defect, it is hereby

ORDERED that the motion for remand (Dkt. No. 3) filed by plaintiffs is GRANTED; and it is further

ORDERED that the motion to strike (Dkt. No. 4) is DENIED as MOOT; and it is further ORDERED that this action is remanded to New York State Supreme Court.

IT IS SO ORDERED.

20080326

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