Big Rock Development LLC v. Papen et al
ORDER: The Court doesn't have subject matter jurisdiction to hear this case on removal. This case is remanded to the Circuit Court of Independence County, Arkansas. Signed by Chief Judge D. P. Marshall Jr. on 10/13/2020. (jak)
IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
No. 4:20 -cv-1149-DPM
DAVID K. PAPEN, Individually; OMEGA
MOD GROUP, INC.; ECOLOGIC SYNERGIES
INTERNATIONAL, INC.; ECOLOGIC
MODULARS, LLC; MONSTER MOD, INC.;
BAD DONKEY DEVELOPMENT, LLC;
0MG 4REAL PROPERTIES, INC.;
ECOEVOLUTION ASSETS, LLC; OMEGA
SUPPLY GROUP, INC.; OMEGA BUILDERS
GROUP, INC.; 0MG INVESTMENTS
GROUP, INC.; 0MG WORLD HOLDINGS, INC.;
ALL ABODE, INC.; OMEGA TWIN RIVER
HOLDINGS II, LLC; MODERN MOD, INC.;
BRAND BUILT SYSTEMS, INC.; OMEGA TWIN
RIVER HOLDINGS, LLC; MONSTER TINY, LLC;
STEAMPUNK TRAILER AND METALWORKS,
INC.; and FIRST COMMUNITY BANK
DAVID K. PAPEN
RESORTMENTS, LLC; SILVERTOWN, LLC;
THIRD PARTY DEFENDANTS
and RUSSELL R. HUCKABY
The Court doesn't have subject matter jurisdiction to hear this
case on removal. First, there's no federal question jurisdiction. Big
Rock's well-pleaded complaint raises no issues of federal law. 28 U.S.C.
§ 1441(a); Metropolitan Life Insurance Co. v. Taylor, 481 U.S. 58, 63 (1987).
The Missouri defendants press a counterclaim under the Defense of
Trade Secrets Act. While they could have made that claim in federal
court as an
matter, here it is
beyond the complaint and does
suffice. Vaden v. Discover Bank, 556 U.S. 49, 60-61 (2009). Second,
no diversity jurisdiction exists. Plaintiff Big Rock and defendant First
Community Bank are both Arkansas citizens. 28 U.S.C. § 1441(b)(2);
Wisconsin Department of Corrections v. Schacht, 524 U.S. 381, 388 (1998).
The Missouri defendants urge that Big Rock's complaint names the
Bank but seeks no relief against it. True. But the Bank has advanced
several hundred thousand dollars to the Missouri defendants, Big Rock
is on the hook for that money, and Big Rock might have a colorable
claim under Arkansas law against the bank based on the parties'
dealings. Big Rock's joinder of the Bank in the case that will sort all the
parties' obligations was therefore not fraudulent.
Shackelford, 478 F.3d 957, 964 (8th Cir. 2007). This case is remanded to
the Circuit Court of Independence County, Arkansas.
D.P. Marshall Jr.
United States District Judge
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?