FIRST FARMERS BANK & TRUST DISMISSED v. COAST OEM, LLC et al

Filing 52

ORDER ON SUPPLEMENTAL BRIEFING - To aid the Court in its decision on whether to remand this case, the parties are ORDERED to file supplemental briefing on the applicability of the Home Depot case. Briefs shall not exceed five pages and are due by February 8, 2023. The Clerk is also directed to update the docket to include American Industrial Brands, LLC as a Third Party Defendant (SEE ORDER FOR DETAILS). Signed by Judge James Patrick Hanlon on 1/18/2023. (DWH)

Case 1:22-cv-02323-JPH-MG Document 52 Filed 01/18/23 Page 1 of 3 PageID #: 3303

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
INDIANAPOLIS DIVISION
FIRST FARMERS BANK & TRUST
(DISMISSED),
Plaintiff,
v.
COAST OEM, LLC,
PATRIOT PORCELAIN LLC,
PATRIOT REAL ESTATE LLC,
JEFFREY VAN WEELDEN,
6TH & MAIN INC.,
LAURCON CAPITAL LP,
COAST PRODUCTS L.L.C (DISMISSED),
1800 EVERGREEN DEVELOPMENT LLC
(DISMISSED),
TOWNS AND TAYLOR (DISMISSED),
JEFFREY VAN WEELDEN,
Defendants.
PATRIOT REAL ESTATE LLC,
Cross Claimant,
v.
COAST OEM LLC,
LAURCON CAPITAL, LP,
Cross Defendants.
PATRIOT REAL ESTATE LLC,
Third Party
Plaintiff,
v.

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No. 1:22-cv-02323-JPH-MG

Case 1:22-cv-02323-JPH-MG Document 52 Filed 01/18/23 Page 2 of 3 PageID #: 3304

COAST RE, LLC,
BRIGGS PLUMBING PRODUCTS, LLC,
ROBERT EASTER,
CRAIG HUFF,
CHUCK DOCKERY,
AMERICAN INDUSTRIAL BRANDS, LLC, 1
Third Party
Defendants.
COAST OEM, LLC,
LAURCON CAPITAL, LP
ROBERT EASTER,
BRIGGS PLUMBING PRODUCTS, LLC,
COAST RE, LLC,
Cross-Claimants
and Third Party
Plaintiffs,
v.
JEFFREY VAN WEELDEN,
LEWIS D. DELLINGER,
PATRIOT REAL ESTATE, LLC,
PATRIOT PORCELAIN, LLC,
Cross-Claimants
and Third Party
Defendants.

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ORDER ON SUPPLEMENTAL BRIEFING
This case was removed here by American Industrial Brands, LLC, a
third-party defendant in the underlying state-court case. Dkt. 1. Patriot Real
Estate, LLC has filed a motion to remand the case to state court, arguing the

The Clerk is directed to update the docket to include American Industrial Brands,
LLC as a Third Party Defendant. See dkt. 12 at 2; dkt. 34 at 2.

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Case 1:22-cv-02323-JPH-MG Document 52 Filed 01/18/23 Page 3 of 3 PageID #: 3305

removal was untimely and that there was no bad faith to excuse the defect.
Dkts. 36, 37.
The Supreme Court has held that "a third-party counterclaim
defendant is not a 'defendant' who can remove" under the removal statute, 28
U.S.C. § 1441(a). Home Depot U. S. A., Inc. v. Jackson, 139 S. Ct. 1743, 1750
(2019). The Court also opined that § 1441(a) "does not permit removal based
on counterclaims at all, as a counterclaim is irrelevant to whether the district
court had 'original jurisdiction' over the civil action." Id. at 1748. No party
cited Home Depot in their briefs, see dkts. 37, 39, 50, nor was it discussed in
the notice of removal, dkt. 1 at 8–9.
To aid the Court in its decision on whether to remand this case, the
parties are ORDERED to file supplemental briefing on the applicability of the
Home Depot case. Briefs shall not exceed five pages and are due by February
8, 2023.
The Clerk is also directed to update the docket to include American
Industrial Brands, LLC as a Third Party Defendant.
SO ORDERED.
Date: 1/18/2023

Distribution:
All Electronically Registered Counsel

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