JOHNSON et al v. LOWNDES COUNTY BOARD OF EDUCATION et al

Filing 8

ORDER remanding case and finding as moot 3 Motion for More Definite Statement. Ordered by U.S. District Judge HUGH LAWSON on 1/28/2015. (aks) Modified text on 1/28/2015 (rlw).

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
VALDOSTA DIVISION

KENNETH
JOHNSON,
JACQUELYN JOHNSON,

and

Plaintiffs,
Civil Action No. 7:14-CV-158 (HL)
v.
LOWNDES COUNTY
EDUCATION, et al.,

BOARD

OF

Defendants.

ORDER
On January 14, 2015, this Court held a hearing to address Defendants’
Motion for a More Definite Statement (Doc. 3) as well as whether it should
remand this action and a companion case, Kenneth Johnson, et al. v. Lowndes
County Board of Education, et al., 7:13-cv-157 (hereinafter referred to as “the
First Action”), to state court. Bafflingly, Plaintiffs have never moved to remand
this case, but a sua sponte review of the complaint shows that this Court lacks
subject matter jurisdiction over this action. Defendants’ only basis for removing
this case was their assertion that this action should be consolidated with the First
Action, which they had earlier removed from state court, because both actions
arose out of the same facts and largely involved the same parties. The complaint
in this case does not allege any federal claims, but Defendants asked the Court
to exercise supplemental jurisdiction over the state law claims. However, the

Court is not in a position to do so given that it has already remanded the First
Action back to state court. There being no basis for federal subject matter
jurisdiction, pursuant to 28 U.S.C. § 1447(c) this case is remanded to the
Superior Court of Lowndes County, Georgia. Defendants’ motion for a more
definite statement is moot.

SO ORDERED, this the 28th day of January, 2015.
s/ Hugh Lawson________________
HUGH LAWSON, SENIOR JUDGE

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