PERRY v. KIMBERLING et al

Filing 7

OPINION AND ORDER denying 4 Motion to Remand. Signed by Judge Stanley R. Chesler on 7/7/2016. (ld, )

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY

THOMAS PERRY,
Plaintiff,
v.
MICHAEL KIMBERLING, et al.,
Defendants.

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Civil Action No. 16-2773 (SRC)

OPINION & ORDER

CHESLER, District Judge
This matter comes before the Court upon the motion to remand Plaintiff’s Complaint to the
Superior Court of New Jersey, Sussex County, filed by Defendants Michael Kimberling and Randy
Deitman (“Defendants”) [Docket No. 4]. Plaintiff filed a Complaint in federal court arising out of
a car accident on the basis of diversity jurisdiction. Defendants do not contest the propriety of
federal jurisdiction, but wish to remand the case because Plaintiff had previously filed and
dismissed a similar complaint in state court. Remand cannot remedy Defendants’ dissatisfaction
with Plaintiff’s choice of a federal forum because this case was never removed from state court.
See 28 U.S.C. § 1447. Without a prior removal, there is nothing to remand.
For the reasons stated above,
IT IS on this 7th day of July, 2016,
ORDERED that Defendants’ motion to remand [Docket No. 4] is DENIED.
s/ Stanley R. Chesler
STANLEY R. CHESLER
United States District Judge