Terry Joe Cook v. Lesley Moon Phillips

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION TERRY JOE COOK, § § Plaintiff, § § v. § Case No. 6:25-cv-521-JDK § LESLEY MOON PHILLIPS, § § Defendant. § MEMORANDUM OPINION AND ORDER This case was removed from state court on the basis of diversity jurisdiction. Plaintiff seeks a remand under the “probate exception” to federal subject-matter jurisdiction, arguing that the case requires the Court to reach a res in custody of a state court probate proceeding. As explained below, however, the case presents only a breach of contract claim between two parties.…