McCoy v. Newmuis et al

Filing 58

MEMORANDUM AND ORDER denying 52 Motion to Remand filed by Lance McCoy. Signed by Judge Marvin J. Garbis on 3/6/14. (jnls, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
LANCE MCCOY

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Plaintiff
vs.

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AMATEUR ATHLETIC UNION
OF THE UNITED STATES, INC.

CIVIL ACTION NO. MJG-13-3744

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Defendant
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MEMORANDUM AND ORDER RE: REMAND
The Court has before it the document deemed to constitute
Plaintiff's Motion for Remand [Document 52] and the materials
submitted relating thereto. The Court finds that a hearing is
unnecessary.
Although Bryant Newmuis, presumably a Maryland citizen, has
been named as a defendant in this case, there is no contention
that he was ever served with process in the instant case.
Moreover, Plaintiff previously obtained a judgment against Mr.
Newmuis based upon the same claims against him as are asserted
in the instant case.

Accordingly, Mr. Newmuis is not a party

defendant whose presence destroys federal diversity
jurisdiction.
The state court has dismissed all claims against "Freddie
Hendricks Track Club, an affiliate organization of the Amateur

Athletic Union."

See [Document 50].

Furthermore, it appears

that there never has been such an entity.
Plaintiff presents no valid objection to this Court's
exercise of diversity jurisdiction pursuant to 28 U.S.C. §
1332(a).

The case presents complete diversity of citizenship

and the amount in controversy exceeds $75,000.

Accordingly:
For the foregoing reasons:
1.

Plaintiff's Motion for Remand [Document 52] is
DENIED.

2.

The instant case presents claims by Plaintiff
against Defendant Amateur Athletic Union of the
United States, Inc. and no other party.

3.

The case caption shall, hereafter, conform to the
caption on this Order.

SO ORDERED, on Thursday, March 06, 2014.

/s/__________
Marvin J. Garbis
United States District Judge

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