Wall, Sr. et al v. The Mayor and Alderman of the City of Savannah, Georgia et al

Filing 17

ORDER granting 12 Motion to Remand. Signed by Judge B. Avant Edenfield on 6/6/2012. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LARRY WALL, SR., as surviving parent
ofLarry Wall, Jr., deceased; LARRY
THOMAS, as surviving minor child of
Larry Wall, Jr., deceased; KIMBERLY
THOMAS, as natural guardian and next
friend; JADEN WALL, as surviving minor
child of Larry Wall, Jr., deceased; LICIA
BARNES, as natural guardian and next
friend; LARRY WALL, S.R., as
temporary administrator of the estate of
Larry Wall, Jr., deceased,
Plaintiffs,
v.

4:12-cv-101

THE MAYOR AND ALDERMEN OF
THE CITY OF SAVANNAH,
GEORGIA; and JASON CAREY,

Court no longer has subject matter
jurisdiction. See Docs. 12; 16 at 2-3.
“Federal courts are courts of limited
jurisdiction.” Burns v. Windsor Ins. Co., 31
F.3d 1092, 1095 (11th Cir. 1994). Federal
subject matter jurisdiction exists when a
controversy involves a question of federal
law or diversity of citizenship between the
parties. See 28 U.S.C. §§ 1331-1332.
Plaintiffs’ amended complaint is devoid
of the federal law issue that appeared in the
original complaint, and the parties are not
diverse.
Accordingly, this Court lacks
subject matter jurisdiction.
Plaintiffs’
motion to remand is GRANTED.
III.

CONCLUSION

Plaintiffs’ motion to remand, see Doc.
12, is GRANTED. This case is
REMANDED back to the Superior Court of
Chatham County, Georgia.

Defendants.
ORDER
I.

INTRODUCTION

Now before the Court is Plaintiffs’
motion to remand. See Doc. 12.
II.

ANALYSIS

On March 14, 2012, Plaintiffs filed suit
against Defendants in the Superior Court of
Chatham County, Georgia, alleging, among
other claims, a claim under 42 U.S.C. §
1983. See Doc. 1-1 at 2-14. Defendants
removed to this Court, alleging subject
matter jurisdiction on account of the § 1983
claim. See Doc. 1. Plaintiffs filed an
amended complaint, dropping their § 1983
claim. See Doc. 11. Plaintiffs have moved
to remand, and Defendants agree that this

This 6th day of June 2012.

,/86' Ll

46
R- AVANT 13DENFIELO, JUDGE
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA