Summary
This federal district court order addresses a defendant's improper removal of a state court case to the Eastern District of Texas. After reviewing a magistrate judge's report and recommendation, the court determines that the Eastern District does not encompass Travis County, making remand appropriate. The court grants the plaintiff's corrected motion to remand and returns the matter to the 98th Judicial District Court of Travis County, Texas.
Topics
Practice areas
Questions Presented
- Whether the case was removed to the proper district and should be remanded.
Holdings
- The case was removed to the wrong district and therefore must be remanded to the 98th Judicial District Court of Travis County, Texas.
Factual background
Plaintiff sued for intentional infliction of emotional distress in state court; defendant removed the case to the Eastern District of Texas; dispute arose over whether removal was to the proper district.
Procedural history
Plaintiff filed an intentional infliction of emotional distress claim in state court; defendant removed to this district court; plaintiff filed a motion to remand; magistrate judge recommended remand; court reviewed de novo and granted remand.
Remand instructions
Remand to the 98th Judicial District Court of Travis County, Texas.