BRITLAND v. AM BEST COMPANY, INC. et al
Filing
4
OPINION filed. Signed by Judge Mary L. Cooper on 10/21/2011. (mmh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
:
:
:
Plaintiff,
:
:
v.
:
:
A.M. BEST COMPANY, INC., et al., :
:
Defendants.
:
:
JUSTINE BRITLAND,
CIVIL ACTION NO. 11-6204 (MLC)
O P I N I O N
THE PLAINTIFF, Justine Britland, brought this action in
state court to recover damages pursuant to only state law.
entry no. 1, Not. Rmv., Ex. A, Compl.)
(Dkt.
The defendants, A.M. Best
Company, Inc. (“AMBC”) and Tina Bukow-Truman, removed the action
to this Court based on jurisdiction pursuant to 28 U.S.C. §
(“Section”) 1332, as (1) Britland is allegedly a Pennsylvania
citizen, (2) AMBC is deemed to be a New Jersey citizen, and (3)
Bukow-Truman is a New Jersey citizen.
(Not. Rmv. at 2-3.)
AMBC
and Bukow-Truman had the burden of demonstrating that removal was
proper in the Notice of Removal.
See 28 U.S.C. §§ 1446(a),
1447(c).
THE REMOVAL is barred by the forum-defendant rule as set
forth under Section 1441(b).
Pursuant to the forum-defendant
rule, a state court action that could have been brought initially
in federal court under Section 1332 is “removable only if none of
the parties in interest properly joined and served as defendants
is a citizen of the State in which such action is brought”.
28
U.S.C. § 1441(b); see Lincoln Prop. Co. v. Roche, 546 U.S. 81, 84
(2005) (stating “[d]efendants may remove an action on the basis
of diversity of citizenship if there is complete diversity
between all named plaintiffs and all named defendants, and no
defendant is a citizen of the forum State”); Bor. of W. Mifflin
v. Lancaster, 45 F.3d 780, 785 (3d Cir. 1995) (stating “[Section]
1441(b) diversity cases have an additional obstacle to removal: a
resident defendant is barred from removing to federal court”).
The removal of this action is barred, as at least one defendant
is a citizen — indeed, both AMBC and Bukow-Truman are citizens —
of the state in which such action was brought, i.e., New Jersey.
THE COURT will therefore remand the action to state court
based on the forum-defendant rule under Section 1441(b).
The
Court will issue an appropriate Order and Judgment.
s/ Mary L. Cooper
MARY L. COOPER
United States District Judge
Dated:
October 21, 2011
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?