International Chimney Corporation v. NRG Chalk Point, LLC
Filing
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MEMORANDUM OPINION. Signed by Judge Peter J. Messitte on 12/28/2017. (tds, Deputy Clerk)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MARYLAND
INTERNATIONAL CHIMNEY
CORPORATION,
Plaintifti'Counter -Defendant,
v.
NRG CHALK POINT, LLC,
DefendantiCounter- Plai nti ff.
_FILED
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ENTERED
RECEIVED
DEC 2 8 2017
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lOGGED
AT GREENBELT
CLERK. u.s. DISTRICT COURT
DISTRICT OF MARYLAND
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BY
Civil No. PJM 17-2738
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MEMORANDUM OPINION
International Chimney Corporation (ICC) brought a Complaint to Establish a Mechanic's
Lien against NRG Chalk Point, LLC (NRG) in the Circuit Court for Prince George's County.
Following NRG's removal of the case to this Court, ICC asked the Court to remand to state
court. For the following reasons, the Court will GRANT ICC's Motion to Remand (ECF No.
19).
I.
FACTS AND PROCEDURAL HISTORY
This action arises from a construction project knovm as the Chalk Point Cooling Tower
Unit NO.3 Repair Project (the Project), located at 25100 Chalk Point Road, Aquasco, Maryland.
NRG, the owner of the Chalk Point Generating Station, signed a contract with ICC in November
2013 under which ICC was to supply labor and materials in performing interior and exterior
repairs to Cooling Tower Unit NO.3. Apparently payment was not made to ICC in timcly
fashion.
Accordingly, on July 25, 2017, ICC filed a Notice of Petition to Establish Mechanic's
Lien against NRG in Prince George's County Circuit Court, Case No. CAE17-17999 (ICC State
Court Action). An Order to Show Cause issued by Circuit Court Judge Nicholas E. Rallal set a
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DEPlITY
hearing for September 22, 2017. On September 14, 2017, however, NRG removed the case to
this Court on the basis of diversity jurisdiction.
There was a wrinkle. On September 8, 2017, prior to NRG's removal of the casc, Vector
Construction, Inc., a subcontractor of ICC on the Project, tiled its own Complaint to Establish
Mechanic's Lien in Prince George's County Circuit Court, Case No. CAE17.2358 (Vector State
Court Action). The Vector State Court Action concerns the identical property and Project that are
the subject of the instant action.
ICC filed its Motion to Remand in the present docket on October 13,2017, arguing that
the Court should abstain from hearing the case under the prudential abstention doctrine and on
the grounds articulated in Princess Lido a/Thurn and Taxis v. Thompson, 305 U,S. 456 (1939),
in view of the parallel state proceeding (the Vector State Court Action). Then, after ICC tiled its
Motion here, NRG attempted to remove the Vector State Court Action to this Court. NRG
therefore contends that ICC's Motion is moot and the Princess Lido doctrine does not apply
because there is no pending state court suit after its removal of the Vector State Court Action.
II,
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ANALYSIS
The removing party bears the burden of proving that a federal court has jurisdiction.
Lexington Mkt. v. Desman Assocs., 598 F. Supp. 2d 707, 709 (D. Md. 2009) (citing Lloyd v.
General Motors Corp., 560 F. Supp. 2d 420, 422 (D. Md. 2008)). Because of the significant
federalism concerns raised by lifting cases from state court, removal jurisdiction is to be
narrowly interpreted and district courts must resolve all doubts in favor of remand. Id.
The Princess Lido doctrine provides one such limit on federal jurisdiction. "According to
the Princess Lida doctrine, a federal court may not exercise jurisdiction when granting the relief
In a separate Order issued today_ the Court has remanded the Vector suit because it was improperly removed.
Veclor Constrllctionlnc. ". NRC Chalk Poill/. LLC, el al., Civil No. PJM 17-3050.
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sought would require the court to control particular property or res over which another court
already has jurisdiction." See AI-Abood v. EI- Shamari. 217 F.3d 225, 232 (4th Cir. 2002)
(citing Princess Lida a/Thurn and Taxis, 305 U.S. at 465-67). Rather, the court first assuming
jurisdiction over the property "may maintain and exercise that jurisdiction to the exclusion of the
other." Princess Lida a/Thurn and Taxis, 305 U.S. at 466. "The doctrine is necessary to the
hannonious cooperation of federal and state tribunals." Id. at 466-67.
The property at issue in the Vector State Court Action is incontrovertibly the same
property at issue in the ICC State Court Action removed to this Court. Because there was and
now is a pending state court case, this Court has determined to remand this case to the court that
first obtained jurisdiction over the property.
III.
CONCLUSION
For the foregoing reasons, ICC's Motion to Remand (ECF No. 19) is GRANTED.
A separate Order will ISSUE.
DecemberZ<:S:
2017
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