Legal Opinion

Bloomer v. Ouellette

District Court, D. Kansas

Decided August 10, 2018No. Case No. 18-2275-JWLPublished

1Opinion of the Court

John W. Lungstrum, United States District Judge

This matter comes before the Court on plaintiff's motion to remand the case to state court (Doc. # 13). As further set forth below, the Court concludes that plaintiff did not fraudulently join the non-diverse defendant. Accordingly, the Court grants the motion, and this case is hereby remanded to the District Court of Johnson County, Kansas.1

I. Background

In his state-court petition, plaintiff alleged as follows: Plaintiff worked as a *1175pharmacy technician at a Target store. On November 6, 2014, plaintiff filled a prescription for medications for a…

2Cases cited6 opinions

  1. Dutcher v. MathesonCourt of Appeals for the Tenth Circuit · 2013
  2. Symes v. HarrisCourt of Appeals for the Tenth Circuit · 2006
  3. Nelson v. MillerSupreme Court of Kansas · 1980
  4. Bergstrom v. NoahSupreme Court of Kansas · 1999
  5. Arceo v. City of Junction City, KansasDistrict Court, D. Kansas · 2002

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