Smith et al v. Dismas Charities, Inc. et al

Filing 12

MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 8/19/2014. sustaining 6 Motion to Remand; case remanded to Jefferson Circuit Court. cc: Counsel, Jefferson Circuit Court(TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:14-CV-00489-H
JOSEPH SMITH, et al

PLAINTIFFS

V.
DISMAS CHARITIES, INC., et al

DEFENDANTS

MEMORANDUM OPINION AND ORDER
Plaintiffs have moved to remand their claims to state court on the grounds that their
complaint does not assert any causes of action under federal laws. The Court has carefully
reviewed the complaint. It does not specifically reference any federal statute or constitutional
provision. It makes reference vaguely to certain “unreasonable searches” and to Defendants
acting “under color of state law.” These references are insufficient to state a federal claim.
Nevertheless, Defendants point specifically to the complaint’s ad damnum clause which
requests costs and attorney’s fees under the “laws of this Commonwealth and these United
States.” They argue that these references show an intent to assert federal claims. The Court
does not believe, however, that such vague references are sufficient to assert a claim for relief
under federal law. In short, the essence of the complaint seems grounded in state law. This is
not a matter of state claims predominating; rather of federal claims not existing.
Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that Plaintiffs’ motion to remand is SUSTAINED and the
case is REMANDED to Jefferson Circuit Court.

August 19, 2014

cc:

Counsel of Record
Jefferson Circuit Court