Keeney et al v. Valley Station 1, LLC et al

Filing 9

MEMORANDUM OPINION & ORDER: 1) This matter is remanded to Kenton County Circuit Court. 2) This matter is dismissed and stricken from the Court's active docket. Signed by Judge David L. Bunning on 11/9/2017.(ECO)cc: COR with copy of this Order and Docket Sheet mailed to the Kenton Circuit Court Clerk.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
NORTHERN DIVISION
AT COVINGTON
CIVIL ACTION NO. 17-206-DLB-CJS
KURTIS KEENEY, et al.

PLAINTIFFS

V.

ORDER

VALLEY STATION 1, LLC, et al.

DEFENDANTS

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This matter is before the Court upon Defendants’ Notice of Removal (Doc. # 1)
from Kenton County Circuit Court.

On November 9, 2017, this Court entered a

Memorandum Opinion and Order in a nearly identical case, DT GRAT JMT, LLC, et al. v.
Keeney, et al., No. 2:17-CV-101, finding that the Park Companies are the real parties in
interest under Federal Rule of Civil Procedure 17(a) and holding that subject-matter
jurisdiction was lacking (Doc. # 71 therein). The Court having reviewed Defendants’
Notice of Removal (Doc. # 1) and the record in this matter, and being otherwise sufficiently
advised, the Court concludes that the Park Companies were not fraudulently joined,
diversity jurisdiction does not exist, and the Court does not have subject-matter
jurisdiction over this matter. Accordingly,
IT IS ORDERED as follows:
(1) This matter is remanded to Kenton County Circuit Court.
(2) This matter is dismissed and stricken from the Court’s active docket.
This 9th day of November, 2017.

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