Geier v. Golden Bear Development, LLC et al

Filing 9

ORDER remanding case to the circuit court of Jackson County, Missouri. Signed on October 27, 2017, by Chief District Judge Greg Kays. (Law clerk)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI WESTERN DIVISION BREANNA P. GEIER, Plaintiff/Garnishor, v. GOLDEN BEAR DEVELOPMENT, LLC d/b/a STONEWOOD APARTMENTS, Defendant/Debtor YORK RISK SERVICES GROUP, Garnishee. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case No. 4:17-0864-CV-S-DGK ORDER REMANDING CASE This matter is an ancillary garnishment proceeding originally filed in the Circuit Court of Jackson County, Missouri. Its history is as follows. On April 8, 2016, Plaintiff/Garnishor Breanna P. Geier (“Plaintiff/Garnishor Geier”) took a default judgment in the amount of $750,000 against Defendant/Debtor Golden Bear Development, LLC, d/b/a Stonewood Apartments (“Debtor Golden Bear”) in the Circuit Court of Jackson County, Missouri, Case No. 1516-CV25236. On September 6, 2017, Plaintiff/Garnishor Geier initiated this garnishment proceeding in the Jackson County case, seeking to garnish insurance proceeds allegedly available to Debtor Golden Bear under an insurance policy issued by Garnishee York Risk Services Group (“Garnishee York”). Garnishee York timely removed this case to federal court by invoking the Court’s diversity jurisdiction (Doc. 1). Plaintiff/Garnishor Geier subsequently dismissed without prejudice the ancillary garnishment proceeding against Garnishee York (Doc. 7). It appears to the Court that since Garnishee York has been dismissed, the Court no longer has subject matter jurisdiction to hear this case. Accordingly, this case is remanded to the Circuit Court of Jackson County, Missouri. IT IS SO ORDERED. Date: October 27, 2017 /s/ Greg Kays GREG KAYS, CHIEF JUDGE UNITED STATES DISTRICT COURT 2 .

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