IN THE DISTRICT COURT OF THE UNITED STATES FOR THE
MIDDLE DISTRICT OF ALABAMA, EASTERN DIVISION
CIVIL ACTION NO.
WERNER ENTERPRISES, INC.,
and AMHAD RASHAD RANSON,
OPINION AND ORDER
On October 31, 2006, this lawsuit was removed from
state to federal court based on diversity-of-citizenship
jurisdiction. See 28 U.S.C. §§ 1332, 1441. Defendant
Werner Enterprises, Inc. contends that the lawsuit was
properly removed because the state court dismissed non-
diversity defendants Chambers County Commission and
William Lewis Jennings. Under the “voluntary-
involuntary” rule, “‘if the defendant was dismissed from
the case by the voluntary act of the plaintiff, the case
became removable, but if the dismissal was the result of
Case 3:06-cv-00983-MHT-VPM Document 5 Filed 11/03/2006 Page 1 of 2
Barron v. Werner Enterprises, Inc. et al
either the defendant’s or the court’s action against the
wish of the plaintiff, the case could not be removed.’”
Insinga v. LaBella, 845 F.2d 249, 252 (11th Cir. 1988)
(per curiam) (quoting Weems v. Louis Dreyfus Corp., 380
F.2d 545, 546 (5th Cir. 1967)).
Accordingly, it is ORDERED that plaintiff Jeffrey
Barron and defendant Werner Enterprises, Inc., show
cause, if any there be, in writing by November 13, 2006,
as to why this cause should not be remanded to state
court pursuant to the “voluntary-involuntary” rule.
DONE, this the 3rd day of November, 2006.
/s/ Myron H. Thompson
UNITED STATES DISTRICT JUDGE
Case 3:06-cv-00983-MHT-VPM Document 5 Filed 11/03/2006 Page 2 of 2