BCC Apartments, Ltd. v. Browning

ORDER GRANTING REMAND

K. MICHAEL MOORE, District Judge.

THIS CAUSE came before the court upon Plaintiffs Motion to Remand Action to State Court (D.E.5). Plaintiff argues that defendant cannot remove the action based on its counterclaim and that even if the counterclaim provides a federal jurisdictional basis, the notice of removal is untimely. Plaintiff moves to remand the action, which motion defendant opposes. The Court has carefully considered the Motion, response, the pertinent portions of the record, and is otherwise fully advised in the premises. For the reasons that follow, the Motion to…