HAMMELL et al v. AIR & LIQUID SYSTEMS CORPORATION et al

Filing 274

MEMORANDUM OPINION filed. Signed by Judge Mary L. Cooper on 6/26/2015. (eaj)

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NOT FOR PUBLICATION UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY LINDA HAMMELL, individually and as executrix of the estate of ARTHUR HAMMELL, Plaintiff, v. AIR & LIQUID SYSTEMS CORPORATION, et al., Defendants. : : : : : : : : : : : : : : CIVIL ACTION NO. 14-13 (MLC) MEMORANDUM OPINION THE COURT HAVING DENIED Plaintiff’s motion for remand on the ground that Defendants Foster Wheeler, LLC (“FW”), General Electric Company (“GE”), and CBS Corporation (“CBS”) established federal subject-matter jurisdiction under 28 U.S.C. § 1442(a)(1) (dkt. 166 at 2, 13); and THE COURT HAVING DECIDED the separate motions for summary judgment filed by FW (see dkt. 271), GE (see dkt. 273), and CBS (see dkt. 269) in favor of each of those moving Defendants; and THE COURT BEING AUTHORIZED to remand the action sua sponte when the claims giving rise to removal have been disposed of, see 28 U.S.C. § 1447(c); Dougherty v. A.O. Smith Corp., No. 13-1972, 2014 WL 4447293, at *1–2 (D. Del. Sept. 8, 2014) (remanding case when no claims remained against removing defendant under 28 U.S.C. § 1442(a)(1)); and THE COURT DECLINING to exercise jurisdiction over the remaining claims; and THE COURT INTENDING TO REMAND the action to New Jersey Superior Court, Middlesex County; and for good cause appearing THE COURT will issue an appropriate order and judgment. s/ Mary L. Cooper . MARY L. COOPER United States District Judge Dated: June 26, 2015 2

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