Hammond et al v. Dean Team-Kirkwood et al.

Filing 15

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that the stay of proceedings entered in this matter on November 17, 2014 is LIFTED. IT IS FURTHER ORDERED that this matter is REMANDED to the Circuit Court of St. Louis County, Missouri, in which it was filed. IT IS FURTHER ORDERED that all pending motions in this case are DENIED without prejudice, as moot. Signed by District Judge Audrey G. Fleissig on December 3, 2014. (BRP)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

DENNIS R. HAMMOND, et al.,
Plaintiffs,
v.
PATTERSON AUTO SALES,
INC., et al.,
Defendants.

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No. 4:14CV01460 AGF

MEMORANDUM AND ORDER
This matter is before the Court on review of the record. Plaintiffs initially filed
this action in the Circuit Court of St. Louis County, Missouri, asserting state law claims
arising out of an allegedly fraudulent motor vehicle sale in St. Louis County. Defendant
Patterson Auto Sales, Inc. (“Patterson”) removed the action to this Court on August 22,
2014, asserting diversity jurisdiction pursuant to 28 U.S.C. §§ 1332, 1441, and 1446.
Although Plaintiffs did not move to remand, upon review of Patterson’s notice of
removal and Plaintiffs’ state court petition, the Court found that it could not determine
whether it had subject matter jurisdiction.
Therefore, on November 17, 2014, the Court entered an Order requiring
Patterson to file an amended notice of removal and memorandum in support thereof
alleging jurisdictional facts to establish by a preponderance of the evidence: (1) complete
diversity of citizenship, (2) consent to removal by all defendants properly joined and
served, and (3) that the amount in controversy exceeds $75,000, exclusive of interest and

costs. (Doc. No. 14.) The Court ordered Patterson to file its amended notice of removal
and supporting memorandum by November 26, 2014, and the Court specifically
cautioned that “Patterson’s failure to timely and fully comply with this Order will result
in the remand of this case for lack of subject matter jurisdiction.” (Id. at 7.) The Court
also stayed all proceedings in this case until the jurisdiction issue was resolved. (Id. at 8.)
Patterson failed to file an amended notice of removal or supporting
memorandum and has therefore failed to satisfy its burden to demonstrate that
jurisdiction exists in this case. Altimore v. Mount Mercy College, 420 F.3d 763, 768 (8th
Cir. 2005) (holding that the removing defendant “bears the burden of establishing
jurisdiction by a preponderance of the evidence.”).
Accordingly,
IT IS HEREBY ORDERED that the stay of proceedings entered in this matter
on November 17, 2014 is LIFTED.
IT IS FURTHER ORDERED that this matter is REMANDED to the Circuit
Court of St. Louis County, Missouri, in which it was filed.
IT IS FURTHER ORDERED that all pending motions in this case are
DENIED without prejudice, as moot.

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AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 3rd day of December, 2014.

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