Big Rock Development LLC v. Papen et al

Filing 18

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
CENTRAL DIVISION
BIG ROCK
DEVELOPMENT, LLC

v.

PLAINTIFF/COUNTER DEFENDANT
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,
DEFENDANTS
INC.; and FIRST COMMUNITY BANK

DAVID K. PAPEN

DEFENDANT/COUNTER PLAINTIFF

v.
BIG ROCK
DEVELOPMENT, LLC

PLAINTIFF/COUNTER DEFENDANT

RESORTMENTS, LLC; SILVERTOWN, LLC;
THIRD PARTY DEFENDANTS
and RUSSELL R. HUCKABY

ORDER

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
not

original

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.

Wilkinson v.

Shackelford, 478 F.3d 957, 964 (8th Cir. 2007). This case is remanded to
the Circuit Court of Independence County, Arkansas.
§ 1447(c).

-2-

28 U.S.C.

So Ordered.

JI/<

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D.P. Marshall Jr.
United States District Judge
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