Grant v. Davey Tree Expert Co., Inc.

ORDER

HAND, Senior District Judge.

This action is before the Court on plaintiffs motion to remand (Doc. 5) and motion for attorney’s fees (Doc. 7). This action was removed from the Circuit Court of Monroe County, Alabama on May 7, 1998, a removal predicated on the assertion that diversity jurisdiction existed pursuant to 28 U.S.C. §§ 1382 and 1441. It is conceded that this action seeks recovery “only under the Alabama’s retaliatory discharge statute, Ala. Code § 25-5-11.1.” Defendant’s Brief in Opposition at 1. Despite the fact that Ala.Code § 25-5-11.1 is a section of Alabama’s worker’s…