PHILLIPS v. CLUB ESCAPE et al

Filing 22

OPINION. Signed by Judge Katharine S. Hayden on 1/25/2017. (JB, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

SHANTEA PHILLIPS,
Civil No. 2:15-5285 (KSH) (CLW)

Plaintiff,
v.

CLUB ESCAPE, PATRICK ARYEE, LKQ
ENTERTAINMENT. JOHN CHANG, JOHN
DOE ASSAILANTS 1-10, JANE DOES 1-10,
ABC CORP. 1-10. XYZ INC., CITY OF
ELIZABETH, CITY OF ELIZABETH POLICE
DEPARTMENT, COUNTY OF UNION, STATE
OF NEW JERSEY, BILLY BOUNCER 1-10,
SAMMY SECURITY 1-10, ELIZABETH
OPINION
POLICE OFFICER 1-10, UNION COUNTY
SHERIFF’S DEPARTMENT, ESSEX COUNTY
SHERIFF’S DEPARTMENT, ESSEX COUNTY
BOARD OF CHOSEN FREEHOLDERS, JOHN
DOES
1-100,
UNION
COUNTY
PROSECUTORS OFFICE, MR. LIQUOR
LICENSE HOLDER, INSURANCE COS. 1-10.,
Defendants.

Before the Court is plaintiff Shantea Phillip’s motion to remand to state court. (D.E. 21).
On July 7, 2015, defendants City of Elizabeth and Elizabeth Police Department removed this
action from the Superior Court of New Jersey, Union County to the District of New Jersey pursuant
to 28 U.S.C. § 1446(a). (D.E. 1 “(Notice of Removal”).) This Court had original jurisdiction
based on subject matter pursuant to 28 U.S.C. § 1331 because of plaintiff’s § 1983 claims against
the City of Elizabeth and Elizabeth Police Department. However, on July 18, 2016, the Court
signed a stipulation of dismissal with prejudice as to defendants City of Elizabeth and the Elizabeth
Police Department. (D.E. 19). Because the federal-question jurisdiction derived from the federal
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civil rights claims asserted solely against those two defendants, the Court no longer has subjectmatter jurisdiction. All remaining claims are state law and no diversity jurisdiction exists as
plaintiff and all named defendants are New Jersey residents. Accordingly, this matter shall be
remanded back to the Superior Court of New Jersey, Union County. An appropriate order shall
follow.

s/ Katharine S. Hayden___________
Katharine S. Hayden, U.S.D.J.

Dated: January 25, 2017

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