Tuesday, 14 July 2020

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Order Denying Motion To Remand To State Court: Fraudulent Joinder of CAIR Florida

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UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF FLORIDA


CASE NO. 19-CIV-81179-RAR

 

 

ILLOOMINATE MEDIA, INC. and
LAURA LOOMER,
Plaintiffs,
v.
CAIR FLORIDA, INC. et al.,
Defendants.
_______________________________/


ORDER DENYING MOTION TO REMAND TO STATE COURT

 

THIS CAUSE comes before the Court on Plaintiffs’ Motion to Remand to the Circuit Court of Palm Beach, Florida [ECF No. 7], filed on August 23, 2019. Plaintiffs ask the Court to remand the present action to state court for lack of complete diversity. Defendant Council on American-Islamic Relations (“CAIR”) Foundation counters that complete diversity exists, but for the fraudulent joinder of Defendant CAIR Florida. As explained herein, Plaintiffs’ Motion to Remand [ECF No. 7] is DENIED.

. . . .

CONCLUSION


Because Plaintiffs do not plead any facts supporting a claim against CAIR Florida, nor offer any evidence to rebut Defendants’ contention of fraudulent joinder, there is no possibility that a state court would find the Amended Complaint states a cause of action against CAIR Florida. See Henderson v. Wash. Nat=l Ins. Co., 454 F.3d 1278, 1281 (11th Cir. 2006) (noting fraudulent joinder is established where "there is no possibility the plaintiff can establish a cause of action against the [non-diverse] defendant”) (quoting Crowe, 113 F.3d at 1538 (11th Cir. 1997)).

Accordingly, it is hereby


ORDERED AND ADJUDGED as follows:


1. Plaintiffs’ Motion to Remand [ECF No. 7] is DENIED.


2. The claims against Defendant CAIR Florida are DISMISSED with prejudice. CAIR Florida is dismissed as a party from this action.


3. A hearing on Defendants’ Joint Motion to Dismiss the State Court Complaint [ECF No. 11] is set for Monday, November 18, 2019 at 4:00 PM.


DONE AND ORDERED in Fort Lauderdale, Florida, 22nd day of October, 2019.


_________________________________
RODOLFO RUIZ (Signed)
UNITED STATES DISTRICT JUDGE


[*Case 9:19-cv-81179-RAR Document 19 Entered on FLSD Docket 10/22/2019
]

Read Full Order <HERE>

Link: https://app.box.com/s/8iib8cgibzffij7rh82001ysfbcdknbj