Love v. Piatchek, et al.

Filing 16

MEMORANDUM AND ORDER : IT IS HEREBY ORDERED that Plaintiff's Motion for Remand 7 is GRANTED.IT IS FURTHER ORDERED that the Clerk of the Court shall remand this action to the Circuit Court for the City of St. Louis, Missouri.. Signed by District Judge John A. Ross on 12/10/14. (LGK)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

KATHRYN LOVE,
Plaintiff,
V.

PAUL PIATCHEK, et al.,
Defendants.

)
)
)
)
)
)
)
)
)

No. 4:14-CV-1830-JAR

MEMORANDUM AND ORDER

This matter is before the Court on Plaintiffs Motion for Remand. (Doc. No. 7) Plaintiff
originally filed this wrongful death action in the Circuit Court of St. Louis City, Missouri on
August 13, 2014, alleging, inter alia, violations of the Fourth Amendment to the United States
Constitution. (Doc. No. 4) Defendants removed the case to this Court on October 29, 2014
pursuant to 28 U .S.C. § 1331. (Doc. No. 1) On November 5, 2014, Plaintiff filed an Amended
Petition for Wrongful Death removing the allegation of violations of the Fourth Amendment.
(Doc. No. 12) In support of her motion for remand Plaintiff states that her amended petition does
not raise any federal question.
On November 21, 2014, the Court granted Defendants until December 5, 2014 to respond
to Plaintiffs motion for remand. (Doc. No. 15) No response or motion for extension of time in
which to respond was filed. On December 10, 2014, the Court contacted Defendants' counsel to
ask if Defendants intended to file a response to the motion for remand and was informed that no
response would be filed.
Upon review it appears that Plaintiff has abandoned her federal claims. Defendants have
not filed any opposition to Plaintiffs motion, and therefore have not attempted to meet their
1

burden of establishing federal subject matter jurisdiction. In re Business Men's Assurance Co. of
America, 992 F.2d 181, 182 (8 1h Cir. 1993).
Accordingly,
IT IS HEREBY ORDERED that Plaintiffs Motion for Remand [7] is GRANTED.
IT IS FURTHER ORDERED that the Clerk of the Court shall remand this action to the
Circuit Court for the City of St. Louis, Missouri.

.

I(}~

Dated this f-JL- day of December, 2014.

A. ROSS
ITED STATES DISTRICT JUDGE

2