Vallabhaneni et al v. Prime Building Advantage LLC et al

Filing 27

MEMORANDUM AND ORDER granting 17 Plaintiffs' Motion to Remand. Signed by Judge Marvin J. Garbis on 6/20/2017. (bmhs, Deputy Clerk)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
DR. RAGHUVEER VALLABHANENI,
et ux.

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Plaintiffs
* CIVIL ACTION NO. MJG-17-1171
vs.
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PRIME BUILDING ADVANTAGE LLC,
et al.

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Defendants
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MEMORANDUM AND ORDER
The Court has before it the Motion to Remand filed by
Plaintiffs Raghuveer and Adrianne Vallabhaneni [ECF No. 17], the
Rule 12(b)(6) Motion of Defendant Monument Real Estate Group,
LLC to Dismiss [ECF No. 25], and the materials submitted
relating thereto.

The Court finds that a hearing is

unnecessary.
On April 28, 2017, Plaintiffs filed the Complaint [ECF No.
4] in Baltimore City Maryland Circuit Court alleging that all
Defendants violated a lease agreement. On April 28, 2017,
Defendants Jonathan and Jeannie Chun filed a Notice of Removal
[ECF No. 2] asserting that they were not Maryland citizens and
that they could properly remove the case to the federal district
court pursuant to the diversity jurisdiction provided by 28
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U.S.C. § 1332(a).

The Defendants other than the Chens filed1

Defendants’ Consent to Removal [ECF No. 9] erroneously stating
that they had not been served.

It is now apparent that one or

more of the Defendants was, and is, a Maryland citizen and had
been served prior to the filing of the removal.
The parties now agree that remand is appropriate.
Under the circumstances, the Court shall grant the motion
seeking remand but will not act upon the motion seeking
dismissal.
Accordingly:
1. The Motion to Remand filed by Plaintiffs Raghuveer and
Adrianne Vallabhaneni [ECF No. 17] is GRANTED.
2. A separate Order of Remand shall be issued.
3. The Rule 12(b)(6) Motion of Defendant Monument Real
Estate Group, LLC to Dismiss the Complaint [ECF No. 25]
remains pending for resolution by the state court after
remand.

SO ORDERED, this Tuesday, June 20, 2017.

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

Movants contend that the Consent to removal was not
properly field by the co-defendants.
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