The Doe Run Resources Corporation v. Those Certain Underwriters at Lloyd's, London Subscribing to Policy Number PRPNA1300417 et al

Filing 10

MEMORANDUM AND ORDER OF REMAND (See Full Order) IT IS HEREBY ORDERED that plaintiff's claims against defendants Ironshore Insurance, Ltd., and Allied World Assurance Company, Ltd., are dismissed without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A). Given that it appears that this Court lacks subject-matter jurisdiction over the remaining claims in this cause of action, IT IS FURTHER ORDERED that plaintiffs Motion to Remand 6 is GRANTED. IT IS FURTHER ORDERED that this case is remanded to the Circuit Court of St. Louis County, Missouri, from which it was removed. Signed by District Judge Catherine D. Perry on 5/25/16. (EAB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION
THE DOE RUN RESOURCES
CORPORATION,
Plaintiff,
v.
THOSE CERTAIN UNDERWRITERS
AT LLOYD’S LONDON
SUBSCRIBING TO POLICY
NUMBER PRPNA1300417, et al.,
Defendants.

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No. 4:16CV585 CDP

MEMORANDUM AND ORDER OF REMAND
On April 26, 2016, defendants Ironshore Insurance Ltd. and Allied World
Assurance Company, Ltd., removed this cause of action from state court. Ironshore
and Allied World invoked this Court’s federal question jurisdiction, averring that
plaintiff’s claims against them are subject to written arbitration agreements that fall
under the Convention on the Recognition and Enforcement of Foreign Arbitral
Awards, which, by its terms, provides for removal of such actions to federal court.
9 U.S.C. §§ 203, et seq. They assert no other basis for federal subject-matter
jurisdiction.1

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Eight other parties are named as defendants to this cause of action, but none has yet entered an
appearance. In their Notice of Removal, Ironshore and Allied World aver that plaintiff’s claims
against these eight remaining defendants are not within this Court’s original jurisdiction.

Shortly after the matter was removed to this Court, plaintiff filed a Notice of
Voluntary Dismissal, dismissing defendants Ironshore and Allied World without
prejudice under Fed. R. Civ. P. 41(a)(1)(A). (ECF 5) Because neither Ironshore nor
Allied World has served either an answer or a motion for summary judgment in this
case, plaintiff may dismiss these defendants without prejudice without need for
stipulation or Court order.
With this dismissal, plaintiff also filed a Motion to Remand, requesting that the
matter be remanded back to state court given that, with the dismissal of its claims
against Ironshore and Allied World, the only basis upon which federal subject-matter
jurisdiction existed in this action no longer applies. No defendant has responded to
plaintiff’s Motion to Remand, and the time to do so has expired. Upon review of
plaintiff’s state court petition, the Notice of Removal, and the arguments made in
plaintiff’s Motion to Remand, I find the motion to be well taken. See 28 U.S.C. §
1447(c) (“If at any time before final judgment it appears that the district court lacks
subject matter jurisdiction, the case shall be remanded.”).
Accordingly,
IT IS HEREBY ORDERED that plaintiff’s claims against defendants
Ironshore Insurance, Ltd., and Allied World Assurance Company, Ltd., are dismissed
without prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A).
Given that it appears that this Court lacks subject-matter jurisdiction over the
remaining claims in this cause of action,
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IT IS FURTHER ORDERED that plaintiff’s Motion to Remand [6] is
GRANTED.
IT IS FURTHER ORDERED that this case is remanded to the Circuit Court of
St. Louis County, Missouri, from which it was removed.

___________________________________
CATHERINE D. PERRY
UNITED STATES DISTRICT JUDGE

Dated this 25th day of May, 2016.

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