Eitel et al v. Guardiacare Services, Inc.

Filing 7

MEMORANDUM AND OPINION by Judge Joseph H. McKinley, Jr on 9/3/11; By separate Order the Court will dismiss this action for lack of subject-matter jurisdiction. cc:counsel, Jefferson Circuit Court, Plaintiffs (pro se) (JBM)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
MARY MINTON EITEL et al.

PLAINTIFFS

v.

CIVIL ACTION NO. 3:11-CV-445-M

GUARDIACARE SERVICES, INC.

DEFENDANT

MEMORANDUM OPINION
Plaintiffs Mary Minton Eitel and John J. Robbins, Jr., filed a “notice of removal” with
this Court. They are seeking to remove Jefferson Circuit Court case number 11-CI-00544 to this
Court. They state that removal is appropriate “due to the circumstances of this case and the
Federal rights and laws involved in the subject matter of the action.” Upon review of the notice
of removal, the Court has determined that it lacks subject-matter jurisdiction over this action.
Removal of a civil action is governed by 28 U.S.C. § 1441. This section states in
relevant part:
a) Except as otherwise expressly provided by Act of Congress, any civil action
brought in a State court of which the district courts of the United States have original
jurisdiction, may be removed by the defendant or the defendants, to the district
court of the United States for the district and division embracing the place where
such action is pending. . . .
Id. (emphasis added). “As the statutory language makes plain, only ‘the defendant or the
defendants’ may remove under § 1441(a).” First Nat’l Bank of Pulaski v. Curry, 301 F.3d 456,
461 (6th Cir. 2002).
The state court record lists Eitel and Robbins as plaintiffs, not defendants. Accordingly,

their attempted removal is ineffective, and by separate Order the Court will dismiss this action
for lack of subject-matter jurisdiction.
September 3, 2011

Date:

cc:

Plaintiffs, pro se
Counsel of Record for Defendant, Daniel E. Murner/Elizabeth Winchell, Landrum & Shouse LLP, P.O.
Box 951, Lexington, KY 40588-0951
Clerk, Jefferson Circuit Court (Civil Action Number 11-CI-00544)

4414.008

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